KAMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Crimial P.C.

(2.) The applicant herein is the 1st accused in Crime No.1027 of 2017 registered at the Varappuzha Police Station under Sections 354, 376(2), (f), (i), (n), 506(i) r/w. Sec. 34 of the Penal Code and Sec. 5(1)(m)(n) r/w. Sec. 6, Sec. 7 r/w. Sec. 8 of the Protection of Children from Sexual Offences Act, 201 After completion of the investigation, final report has been laid and the case is now pending as S.C. No.1091 of 2017 on the file of the Additional Sessions Judge, Ernakulam.

(3.) The applicant herein is a citizen of Nepal and has been residing in this State for over a decade. The wife of the applicant is working as a housemaid. The survivor is a 12 year old girl and the daughter of the applicant. Prosecution allegation is that the applicant subjected the child to penetrative sexual assault on numerous occasions. In addition to the applicant, his friend, one Raju, is also alleged to have subjected the girl to penetrative sexual assault.