SUDHI C. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the second accused in Crime No.4/2024 of the Kodenchery Police Station, Kozhikode, which is registered against two accused persons for allegedly committing the offences punishable under Ss. 376(3), 376-DA, 376(2)(n), 363, 366, 366-A, 342, 354-A(2) of the Indian Penal Code, 1860, and Ss. 3(a) read with Sec. 4(2) and 5(g) and (l) read with Sec. 6(1) read with Sec. 5(g) of the Protection of Children from Sexual Offences Act, 2012. The petitioner was arrested and remanded to judicial custody on 10/1/2024.

(2.) The prosecution case, in brief, is that: on 22/4/2023, the accused Nos.1 and 2, who were employees of a stage carriage bus bearing registration No.KL-59/5999, kidnapped the victim, a minor girl aged 13 years, and the first accused committed rape and penetrative sexual assault on the victim, and the second accused groped her breasts, and kissed her, and committed sexual assault on her, and outraged her modesty. Thus, the accused have committed the above offences.

(3.) Heard; Sri. S. Rajeev, the learned counsel appearing for the petitioner and Sri. C. S. Hrithwik, the learned Senior Public Prosecutor.