LAWS(KER)-2022-7-57

XXX Vs. STATE OF KERALA

Decided On July 27, 2022
Xxx Appellant
V/S
STATE OF KERALA Respondents

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.119/2022 of Pangode Police Station, Thiruvananthapuram alleging offences under Ss. 376(1) and 376(2)(n) and Sec. 341 of the Indian Penal Code, 1860 and Sec. 10 r/w Sec. 9 of the Prohibition of Child Marriage Act, 2006, Sec. 4 r/w Sec. 3(a), Sec. 6 r/w Sec. 5(l) and Sec. 16 of the Protection of Children from Sexual Offences Act, 2012.

(3.) According to the prosecution, while the victim was studying in Plus One, the petitioner married her against her protests. At the time of marriage, on 30/6/2013, the victim was only 16 years and thereafter the accused indulged in sexual intercourse with her and thereby committed the offences alleged against him.