XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the 1st accused in Crime No.835/2022 of Adoor Police Station, Pathanamthitta, which was registered for the offences punishable under Ss. 323, 324, 376(2)(f)(l)(n) read with Sec. 34 of the Indian Penal Code, 1860 and Sec. 92(d) of the Right to Person with Disabilities Act and Rules, 2019.

(3.) The prosecution case is that, the victim, a mentally challenged woman, who is unable to hear or speak, was subjected to sexual assault by the petitioner, who is none other than the brother-in-law of the victim. The 2nd accused is the wife of the petitioner and the sister of the victim. The crime was registered based on the same and as part of the investigation, the petitioner was arrested on 11/6/2022. Since then, he has been under judicial custody, and this application for bail was submitted in such circumstances.