YAMINI IVIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant, who is accused of offences punishable under Sec. 377 IPC and Sec. 3(a)(d) read with Ss. 4(2), 5(1)(p) read with Ss. 6, 7 read with Ss. 8, 9(1) (p) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, is before this Court in an appeal under Sec. 14A (1) and (2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, aggrieved by the order in Criminal M.P.No.2251 of 2023 of the Court of the Additional Sessions Judge for the trial of cases relating to Atrocities and Sexual Violence against Women and Children, Thiruvananthapuram.

(2.) The allegation against the appellant is that the appellant is a Dance Teacher of the victim, who is 17 years old and that in between 1/9/2019 to 2/7/2023, the appellant repeatedly committed unnatural carnal intercourse against the order of nature, against the victim.

(3.) The appellant approached the Additional Sessions Judge filing Criminal M.P.No.2251 of 2023 seeking bail under Sec. 439 of the Code of Criminal Procedure, 1973. The Additional Sessions Judge found that the appellant is a transgender and he is a Dance Teacher of the victim. The appellant repeatedly committed penetrative sexual assault and thereby he has committed aggravated penetrative sexual assault. The appellant has misused the trust and authority towards the victim. On these premises, the Additional Sessions Judge dismissed the bail application. It is aggrieved by the order dtd. 4/9/2023 of the Additional Sessions Judge that the appellant is before this Court.