SUBASH S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.914/2022 of Aryanad Police Station, Thiruvananthapuram District alleging commission of offences under Ss. 376 (2) (f), 376 (3) of the Indian Penal Code and Sec. 4 (2) read with 3 (b) and 9 (l) (n) read with Sec. 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

(2.) The allegation against the petitioner is that the petitioner who is father of the minor victim aged 13. It is submitted that in the month of December 2021 the petitioner kissed the minor victim on her lip and thereafter a few months later while she was watching television he had abused her by touching her private parts. It is further alleged that the petitioner had again sexually abused the minor victim by inserting his fingers into her private parts.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that there are matrimonial disputes pending between the petitioner and the mother of the victim and they are living separately for more than 4 years. It is submitted that there are proceedings for divorce, proceedings for maintenance as also proceedings under the Domestic Violence Act. It is submitted that the petitioner had no occasion whatsoever to sexually abuse the minor victim who is none other than his daughter. It is submitted that the allegations are raised on account of matrimonial disputes between the petitioner and the mother of the victim. It is submitted that the petitioner has been in custody for 96 days and continued detention is not necessary in the facts and circumstances of the case. It is submitted that final report has not been filed till date and the petitioner is therefore entitled to statutory bail.