DAMODARAN K @ DAMU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973

(2.) The applicant herein is the sole accused in Crime No. 322 of 2018 of Kannavam Police Station, registered under Section 7 r/w. section 8 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The survivor child is a girl aged 8 years and his studying in the II Standard. The applicant herein is a near relative of her father. Her mother has divorced her father and has remarried. In her statement before the police, she stated that she has been residing with her mother from 12.5.2018 onwards. According to the child, while she was studying in the I Standard, she used to live with her father. The applicant, who is a near relative of her father used to visit them often. Her father as well as the applicant used to consume alcohol. It is alleged that the applicant used to make the child sit on his lap and used to kiss her. He also used to touch her private parts and her genitalia. She states that she had gone to the High Court with her father on 11.4.2018 and she was permitted to go with her mother. Thereafter, she has alternatively stayed with her father and mother. The child states that she is not inclined to go with her father henceforth as the applicant is likely to abuse her sexually again. She has further stated that she is scared of the applicant herein and her father.