DILSHAD C.H. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application for anticipatory bail filed under Sec. 438 of the Code of Criminal Procedure is at the instance of the sole accused in crime No.1800/2023 of Hosdurg Police Station, Kasargod, where the prosecution alleges commission of offences punishable under Ss. 363, 370(4), 376(1) of IPC and Sec. 4 read with Sec. 3 of the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act' for short).

(2.) Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant as well as the learned Public Prosecutor in detail. Perused the records placed by the petitioner and the relevant documents form part of the case diary in detail.

(3.) In nutshell, the prosecution allegation is that, marriage between the accused and the minor girl, aged 17 years, was fixed and in the meantime, at 8.30 am on 28/6/2023, when the minor was going to school, the accused herein brought her into his car and she was subjected to sexual assault near Iqbal school.