SHIHAB V.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC No.958/2017 of the Special Court for trial of offences against children(Addl.Sessions Court-I), Manjeri, for offences punishable under section 354 IPC and sections 9 (m),(n) and 10 of the Protection of Children from Sexual Offences Act 2012, is the petitioner herein. The offences were later altered to section 376 (2) (f) (i) (n) of IPC read with section 5(1)(m)(n) and section 6 of POCSO Act.

(2.) Crux of the prosecution allegation is that, the petitioner herein sexually abused a five year old girl at his bed room on a day in March 2018. Complaint was laid in August 2017 by the second respondent herein, who is the mother of the victim. The petitioner contends that he is absolutely innocent of the crime, parties are closely related to each other and are living under one proof, that due to family disputes he has been wrongly implicated, that there is substantial variation in the statements filed by the defacto complainant and the parents and that delay in registering the complaint has not been explained. He sought to quash the proceedings on the ground that it is a false case.

(3.) Heard the learned counsel for the petitioner, learned Public Prosecutor and the learned counsel for the defacto complainant.