XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) Dated this the 13th day of August, 2026 Judgment dtd. 6/5/2024 in S.C.No.423/2020 on the files of the Special Court for the trial of offences under the Protection of Children from Sexual Offences Act (hereinafter referred to as 'POCSO Act'), Hosdurg, is under challenge in this appeal filed under Sec. 415(2) of the the Bharatiya Nagarik Suraksha Sanhita, 2023. The appellant herein is the accused in the above case.

(2.) Heard the learned counsel for the appellant/accused and the learned Public Prosecutor in detail. Perused the verdict under challenge and the relevant documents.

(3.) The prosecution case is that, the accused, with sexual intent, sent several messages to the victim, a girl child aged 13 years, then took her in a car bearing Reg.No.KL-60-P-6881 in the month of July 2019, and grabbed her breasts and kissed her, from the back seat of the above said car. Thereafter, at about 11.00 pm during night on 8/9/2019, 9/9/2019 and 10/9/2019, the accused trespassed upon the residential house of the victim bearing No.E.E.P.XV-476 of Chittarikkal Village, removed her dress, showed obscene video on his mobile phone and insisted her to engage in the sexual acts as seen in the video and then had sexual intercourse with her. Thereafter, the accused threatened her that he would publish the video of those sexual acts if she would disclose the incidents to anyone else. Thereby, the accused alleged to have committed offences punishable under Ss. 354(A)(1)(i), 450, 376(2)(n), 376(3) of the Indian Penal Code (hereinafter referred to as 'IPC') and Ss. 6(1) r/w.5(l), 10 r/w. 9(l), 12 r/w.11(iii), 12 r/w.11(iv) and 12 r/w. 11(v) of the POCSO Act.