VAISHNAV Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.780/2023 of the Vellathooval Police Station, Idukki, which is registered against him for allegedly committing the offences punishable under Ss. 450, 506(1), 354, 354(A)(i), 354B, 376, 376(2) (n), 376(3), 363, 366, 370, 370A and 370(4) of the Indian Penal Code, 1860 and Sec. 8 read with Ss. 7, 4(2) read with Sec. 3(a)(b)(c)(d), 6 read with Sec. 5(l), 10 read with Sec. 9(i), 12 read with Sec. 11(ii)(iv), 14 read with Sec. 13(a)(b)(c) and 15(2) of the Protection of Children from Sexual Offences Act, 2012 and Sec. 67(b) of the Information Technology Act,2000. The petitioner was arrested and remanded to judicial custody on 13/1/2024.

(2.) The crux of the prosecution case is that: the accused had trespassed into the house of the victim, a girl aged 17 years, and committed rape on her in the month of May 2021. Subsequently, the accused also committed rape and penetrative sexual assault on the victim and took her nude pictures and videos and circulated them through the online platforms, and outraged her modesty. Thus, the accused has committed the above offences.

(3.) Heard; Sri. Lal K.Joseph, the learned counsel appearing for the petitioner and Smt.Neema T.V., the learned Senior Public Prosecutor.