BINU Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the 2nd accused in Crime No.593/2022 of Thodupuzha Police Station, Idukki. The offences alleged against the petitioner are under Ss. 366A, 370(4) and 376(1) r/w Sec. 34 of the Indian Penal Code, 1860, Sec. 4 r/w Sec. 3(a), Sec. 6(11) r/w Sec. 5(j)(ii) and Sec. 17 r/w Sec. 16 of the Protection of Children From Sexual Offences Act and Sec. 84 of the Juvenile Justice Act.

(3.) The prosecution case is that in furtherance of their common object, the 1st accused procured the victim, aged 17 years from the guardianship of her parents and handed her over to the petitioner, under the guise of providing an employment and the petitioner after giving a white powder committed rape on her and thereby committed the offences alleged.