SREEJITH S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for anticipatory bail filed under Sec. 438 of the Code of Criminal Procedure by the sole accused in crime No.2034/2023 of Puthoor Police Station, Kollam.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused the relevant documents that form part of the case diary.

(3.) In a nutshell, the prosecution case is that the accused, who is none other than the father of the de facto complainant, committed penetrative sexual assault against the minor, aged 4 years, in the year 2021-2022 while she was watching television sitting adjacent to the father. The specific allegation is that he put his finger on the vagina of the victim and compelled her to touch and kiss on the penis of the father. On this premise, the prosecution alleges commission of offences punishable under Ss. 376AB and 376(2)(n) of the Indian Penal Code and Sec. 4(2) read with Sec. 3(b) and Sec. 6 read with Sec. 5(l) (m)(n)(p) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act' for short)