XXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short), by the defacto complainant in Crime No.1013/2018 of Kallambalam Police Station, Thiruvananthapuram, seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor on admission. Perused the records.

(3.) Here the prosecution alleges commission of offences punishable under Sec. 341 and 354A as well as Ss. 7, 8, 11(1), 12 and 18 of the Protection of Children from Sexual Offence Act, 2012 ('POCSO Act' for short), by the accused. The prosecution allegation is that the accused with intention to subject the minor girl to sexual intercourse, an year before, while she was learning bicycle peddling through the public road, caught hold on her hand with sexual intent and thereby molested her. Again at 7.45 a.m on 21/7/2018, when the victim reached the place of occurrence near an auditorium, the accused wrongfully restrained her and commented that her breasts have become big (xxxxxxxxxxxxxxxxxxxxxx) and also attempted to caught hold on her with sexual intent.