MUNEER A. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1268 of 2021 of Pathanapuram Police Station, Kollam, which is now pending as S.C.No.203 of 2022 on the file of the Fast Track Special Court(Protection of Children from Sexual Offences Act), Punalur, alleging commission of offences under Ss. 354 and 376 of the Indian Penal Code and Sec. 7 r/w 8 of the Protection of Children from Sexual Offences Act, 2012.

(2.) The allegation against the petitioner is that the petitioner had sexually assaulted the minor victim at a time when she was studying at Plus Two by picking her up from her school in his car and by touching the body parts of the minor victim. It is alleged that the petitioner had committed the offence of rape by having sexual relation with the victim in the year 2019 on several occasions. It is submitted that the allegation of rape is in respect of a period after the alleged victim attained the age of majority.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner and the victim are married and they are living together as husband and wife. It is submitted that the petitioner and the victim got married on 5/6/2023. A copy of the marriage certificate issued under the provisions of the Special Marriage Act is placed before me to establish that marriage between the petitioner and the victim has been solemnized in accordance with the law.