IJAS AHMED 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 accused in Crime No.2767/2021 (wrongly shown as Crime No.2767/2022 in the Bail Application) of Kothamangalam Police Station for the offences under Ss. 342, 363, 370, 376 AB of the Indian Penal Code, 1860 and Ss. 4(2) r/w. Sec. 3(a) and (b), Sec. 6 r/w.5 (m) and Sec. 12 r/w Sec. 11 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecution case is that petitioner committed penetrative sexual assault using his finger on a victim, aged 5 years on 23/11/2021. When the victim complained of pain, she was taken to a hospital from where intimation was given and thereafter petitioner was arrested on 24/11/2021 and had been in custody since then.