REMYA R. Vs. STATE OF KERALA

JUDGEMENT

(1.) This bail application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS').

(2.) Petitioner is the first accused in Crime No.652 of 2024 of Mannar Police Station, Alappuzha, registered for the offences punishable under Ss. 376 D A, 376(2)(f), 376(2)(n), 376(3) and 354 A(1)(iii) of the Indian Penal Code, 1860, Ss. 4(2) r/w Sec. 3, 6(1) r/w Sec. 5(g), 5(l), 5(n), 8 r/w Sec. 7, 10 r/w Sec. 9(l), 9(n) and 12 r/w Sec. 11(iii) of the Protection of Children from Sexual Offences Act, 2012, apart from Sec. 75 and 77 of the Juvenile Justice (Care and Protection of Children ) Act, 2015.

(3.) According to the prosecution, on 3/6/2023, petitioner removed the dress of the survivor, who is the niece of the first accused and enabled the second accused to commit rape and penetrative sexual assault on the victim, which continued on several days till 26/8/2023. The first accused is also alleged to have shown obscene videos and even gave liquor to the survivor and thereby committed the offences alleged. Petitioner was arrested on 13/7/2024 and has been in custody since then.