UNMASKED A.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition, under Sec. 482 of the Bharatiya Nagarik Suraksha Samhita, 2023, has been filed by the accused in Crime No.475/2024 of Cusba Police Station, Kozhikode. The crime registered against him is in connection with the commission of offence under Sec. 376(2)(n) and 376AB of IPC and under Ss. 5(l), 5(m), 5(n) and 5(p) read with Sec. 6 of POCSO Act.

(2.) The victim is a four year old girl who is the daughter of the petitioner's wife's sister. The accusation against the petitioner is that he had applied his fingers and tongue upon the genitals of the little child and thereby committed penetrative sexual assault.

(3.) The father and mother of the victim child were having a chequered history of marital discord. Due to the above strained marital relationship, and also due to the issues with the mother-in-law, the mother of the victim child had been residing at her parental home along with the victim child, who is her youngest daughter. The two elder sisters of the victim were living at the house of their father. While so, the victim's father committed suicide on 23/4/2024. While the victim was taken to her father's house for the performance of the post funeral rites, and lodged there, she is said to have disclosed to her paternal gradmother the sexual assault perpetrated upon her by the petitioner while she was residing along with her mother. Accordingly, the matter was intimated to the District Child Protection Unit Officer who alerted the police, leading to the registration of this crime. The statement of the victim child was recorded by a Woman Police Officer on 8/6/2024 in the presence of a Psychologist at the house of the victim's father's sister. On the basis of the above statement, the S.I of Police, Kozhikode Cusba Police Station registered the F.I.R on 8/6/2024, and commenced the investigation. The medical examination of the victim child revealed 0.5 cm old tear at 11"O clock position in her hymen. The Medical Officer reported that the above injury was consistent with the history of the alleged sexual assault. The statement of the victim child, recorded by the Magistrate, also confirmed the penetrative sexual assault perpetrated upon her by the petitioner.