XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the 2nd accused in Crime No.478/2022, on the files of the Kilikolloor Police Station, Kollam District, alleging offences under Ss. 323, 354, 354D, 366A and 376(3) r/w Sec. 34 of Indian Penal Code, 1860 and Sec. 4 r/w Ss. 3(a), 3(b) S.8 r/w Sec. 7 S.12 r/w Sec. 11(iv) of the Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecution case is that on 21/5/2022, after the 15 year old victim went missing, investigation commenced on the basis of information received from the de-facto complainant. Subsequently, petitioner, along with other accused were intercepted in a motor vehicle along with the victim who was in a semi-conscious state and thereafter, when the statement of the victim was taken, it was revealed that she was subjected to penetrative sexual assault and trafficking by four persons, thereby committing the offences alleged.