VINOD 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 was originally the sole ccused in Crime No.620 of 2021 of Kilikolloor Police Station, Kollam. Subsequently the mother of the victim has been arrayed as an additional accused and hence petitioner is the first accused in the said crime. The offences alleged against the accused are punishable under Ss. 354(1)(i), 354(B), 376(2)(n) and 450 of the Indian Penal Code, 1860 apart from Ss. 3(a), r/w Sec. 4(1), Sec. 5(l) r/w Sec. 6, Sec. 7 r/w Sec. 8, Sec. 9(1) r/w Sec. 10 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The prosecution case is that, under the guise of performing certain poojas for curing the illness of the minor victim girl, the accused sprinkled ashes on her private parts, touched her genitals and committed penetrative sexual assault using his finger on multiple occasions, and finally on 14/7/2022, after shaving her genital area, committed penetrative sexual assault and thereby committed the offences alleged.