BASHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.605/2023 of Aluva West Police Station (Alangad), Ernakulam District alleging commission of offences under Ss. 452, 354, 354 A (I) (i) of the Indian Penal Code and Sec. 3(2)(Va) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (hereinafter referred to as 'SC/ST Act' for short).

(2.) The allegation against the petitioner is that on 28/11/2023 at about 12 p.m the petitioner with an intention to outrage modesty of the minor victim (who belongs to one of the scheduled castes) tresspassed in to her house and hugged her and thereby the petitioner committed the offences alleged against him.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner had not done any act so as to outrage the modesty of the victim. It is submitted that the petitioner is 65 year old and has no criminal antecedents. It is submitted that the petitioner is suffering from age related ailments and also from memory loss. It is submitted that the petitioner has completed more than 28 days in custody and the continued detention of the petitioner is not necessary in the facts and circumstance of the case .