BABY Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application reveals the shocking state of affairs in the State of Kerala with regard to the implementation of Protection of Children from Sexual Offences Act, 2012. One is shocked to see the manner in which the Act is being implemented and how the life of the persons are being played with at ease. Now on to the facts:-

(2.) The petitioner is alleged to have committed repeated rapes on the victim and he is alleged to have concealed the same.

(3.) The petitioner says that he has been falsely implicated. According to him, while the three children of one Ponnamma, after the death of their mother, were staying with the second accused and her husband. It so happened that the children were being ill-treated and the petitioner and his wife used to intervene and try to prevent child abuse. On a particular day, in the night, hearing the cries of the child from the house they were staying, the petitioner and his wife went over there and found that a person was lying beside the child by name Pavithra and they woke up the uncle and aunt of the children and informed about the same and on the next day, the children were removed to the Sishubhavan. In the statement initially taken and the investigation conducted, it was revealed that the person who was found lying beside Pavithra was one Sreenivasan who is closely related to the uncle of the victim with whom the victim and her sisters were staying. The crime was registered against Sreenivasan and he was taken into custody. After investigation, final report was filed.