XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the sole accused in Crime No. 194 of 2022 of Mala Police Station, Thrissur. The offences alleged against the petitioner are punishable under Ss. 376AB, 376(2)(l)(k)(n), 370A, 363, 354A(l)(i)(iii) and 201 of Indian Penal Code, 1860, apart from Sec. 4(2) read with Sec. 3(a)(b), Sec. 6(1) r/w Sec. 5(l) (m)(n), Sec. 8 r/w Sec. 7, Sec. 10 r/w Sec. 9(l)(m)(n) and Sec. 12 read with Sec. 11(iii) of the Protection of Children from Sexual Offences Act, 2012 and Sec. 3(1)(w)(i) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(3.) According to the prosecution, petitioner is the step-father of the victim, aged only 10 years and that on 15/2/2022 while the victim was playing in the courtyard of the house, the petitioner took the victim to a room and committed penetrative sexual assault apart from licking her private parts. It is also alleged that the petitioner committed sexual assault on the victim by showing obscene videos on his mobile phone.