NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is an accused in Crime No.1492/2024 of Aranmula Police Station. Petitioner is a lawyer practising in this Court. He is alleged to have committed rape on a minor girl. The offences alleged are under Ss. 376(2)(j), 376(2)(n), 376(3), 377, 506 of the Indian Penal Code, Ss. 75 & 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (for short 'JJ Act') and Ss. 4(2), 3(a)(b), 6, 5(l)(p)(i), 7, 8, 9(l)(p), 10, 11(v), 12, 16, 17 of the Protection of Children from Sexual Offences Act, 2012 (for short 'POCSO Act').

(2.) The victim in this case gave a statement before the Konni Police Station on 14/12/2024 at 2.30 pm in the presence of one Jeeva Thomas. She stated that she is a Plus2 grade student and her date of birth is 2/8/2007. She stated that her father and mother are not on good terms and they are living separately. The petitioner is known to her. He is a friend of her aunt. She stated that, in 2022, while she was studying in the 9th standard, she went to the Park Residency Hotel at Kozhenchery. At that time, the petitioner was also there. Two rooms were taken and the petitioner occupied one room. Her aunt and children along with her occupied the other room. Her aunt told her and the children to go to the room of the petitioner. They went to the room of the petitioner. After some time, her aunt also came to that room. It is stated that the petitioner took two bottles of liquor along with two glasses. He asked the victim whether she would take liquor. She said that she would not take it.

(3.) Heard the learned Senior Counsel Adv. Sri. P. Vijayabhanu assisted by Adv. S. Rajeev for the petitioner and the learned Public Prosecutor.