AL AMEEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are accused Nos. 2 and 3 in Crime No.878/2023 of Nooranadu Police Station, Alappuzha District alleging commission of offences punishable under Ss. 363, 354 A (1) (i), 354D and 34 of the Indian Penal Code and Sec. 8 read with 7, 10 read with 9 (g), 12 read with 11 (iv), 17 read with 16 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(2.) The allegation is that the 1st accused who was working as a Conductor in the bus who acquainted with a minor victim girl and on 26/8/2023 while the minor victim girl was waiting for a bus to return from school to her house, after Onam celebrations, the 1st accused along with the petitioners came in a car bearing registration No.KL-31/R - 6453. It is alleged that the 2nd accused / 1st petitioner was the Driver of the car and the 3rd accused / 2nd petitioner was sitting in the front passenger seat. It is alleged that the 1st accused who was sitting in the back seat of the car persuaded the minor victim to enter the car and thereafter sexaully abused her.

(3.) The learned counsel appearing for the petitioners would submit that the petitioners are absolutely innocent in the matter. It is submitted that even if the allegations against the 1st accused are accepted as true, the petitioners cannot be stated to have committed the offences as alleged against them. It is submitted that the only allegation against the petitioners is that the 1st petitioner / 2nd accused was driving the car and the 2nd petitioner / 3rd accused was sitting in the front passenger seat. It is submitted that the petitioners have been in custody from 27/9/2023 and the continued detention of the petitioners is not necessary in the facts and circumstances of the case.