RAIHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(2.) Petitioner is the third accused in S.C.No.780/2023 on the files of the Fast Track Court, Pattambi, arising out of Crime No.331 of 2023 of Mannarkkad Police Station alleging the commission of offences under Ss. 376(2)(n), 376(3), 506(1) r/w Sec. 34 of the Indian Penal Code, 1860 and Ss. 4(2) r/w Sec. 3(a), 6(1) r/w Sec. 5(1), Sec. 17 r/w Sec. 16 and Sec. 12 r/w Sec. 11(i)(iii) of the Protection of Children from Sexual Offence (POCSO) Act, 2012.

(3.) The specific allegation against the petitioner does not involve any overt acts that constitute the offence of rape or aggravated penetrative sexual assault. The prosecution alleges that the petitioner had forwarded nude videos of the survivor to the first accused, and thereafter, at the instruction of the said accused handed over a mobile phone to the survivor facilitating a relationship between the survivor and the first accused. It is further alleged that after the first accused developed a relationship with the survivor, he started sending obscene messages and videos to her and thereafter when he came down to India from abroad on 21/2/2022 and 28/3/2022, subjected the survivor to repeated instances of rape and penetrative sexual assault. It is also alleged that the first accused even indulged in a sexual relationship with the second accused in the presence of the survivor, and when she refused to witness the scene, she was assaulted by the first accused, and thereby committed the offences as alleged.