JAFER ALI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the sole accused in Crime No.723 of 2023 of Kottakkal Police Station, Malappuram District, alleging commission of offences under Ss. 354A(1) (ii), 377, 376(2)(n), 376(2)(f), 506(i) of the Indian Penal Code and offences under Ss. 4(i) r/w Ss. 3(a)/(b), 6(i) r/w 5(1)(m) (n), 8 r/w Ss. 7, 10 r/w 9(1)(m)(n) of the POCSO Act and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The allegation against the petitioner is that sometime in the month of November 2019 and immediately thereafter, the petitioner sexually assaulted his minor daughter and also had committed penetrative sexual assault on her.

(2.) Learned counsel appearing for the petitioner would submit that there is absolutely no truth in the allegations raised against the petitioner. It is submitted that the petitioner is suffering from bipolar disease. It is submitted that the father of the petitioner had therefore, gifted a house and a property in the name of the petitioner's wife, intending that the petitioner's wife will take care of the petitioner. It is submitted that the wife of the petitioner had contracted another marriage under the Special Marriage Act, 1954 on 14/11/2021, as is evident from Annexure A1. It is submitted that the petitioner came to know of the marriage only in the year 2023. It is submitted that there are proceedings pending before the Family Court for divorce and also guardianship of the minor children. It is submitted that false complaint has been registered against the petitioner only to bolster the case of the petitioner's wife for divorce and for guardianship. It is submitted that there has been no occasion, whatsoever, for the petitioner to sexually assault his minor daughter.

(3.) The learned Public Prosecutor refers to the facts of the case as also to the statement given by the minor victim under Sec. 164 of the Cr.P.C. It is submitted that the statement recorded by the learned Magistrate under Sec. 164 of the Cr.P.C. will show that according to the minor victim, she had been subjected to sexual assault, including penetrative sexual assault by the petitioner. It is submitted that the investigation has already been completed and a final report has already been filed in the mater and the matter is now ending as S.C.No.873 of 2023 on the file of the Special Court, Manjeri. Learned Public Prosecutor also submits that since an offence under Sec. 376 (AB) had been involved, this Court had directed the issuance of notice to the minor victim and a notice of this bail application has been served on the minor victim on 3/9/2023, showing the date of posting as 5/9/2023.