XXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the accused in Crime No.341/2022 of the Santhampara Police Station, Idukki, now pending consideration as SC No.418/2022 of Fast Track Special Court (POCSO), Kattpana. The offences alleged against the petitioner are under Ss. 354B, 376(3), 376(2)(f) (n), 328 and 506(i) of the Indian Penal Code, 1860 and Sec. 3(a) r/w. Sec. 4(2), 5(n)(l) apart from Ss. 6, 7, 8,Sec. 9(m) (n) r/w Sec. 10 S.11(5) r/w Sec. 12 of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67B of the Information Technology Act, 2000.

(3.) According to the prosecution, the accused, who is an uncle of the victim committed penetrative sexual assault on her from 12/11/2016 till 24/3/2022 and even photographed and videographed her nude picture and transmitted it through WhatsApp and thereby committed the offences alleged.