AHSIK Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 439 of the Cr.P.C., 1973

(2.) The petitioner herein is the sole accused in Crime No.58 of 2018 of the Poochakkal Police Station, registered under Sections 376(2)(f)(i)(n) of the Indian Penal Code and 5(1) (m) r/w. 6, 9(1)(m) r/w. 10, 11(5) r/w. 12 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The victim in the instant case is the maternal uncle's daughter of the petitioner. The Crime was registered on the basis of an information furnished by the child on 14.1.2018. According to the victim, about 2 years back while she was studying in the VI Standard, the victim along with her brother had gone to the family house after their annual examinations. She along with the near relatives of the petitioner had slept in the hall of the house. It is alleged that the petitioner with sexual intent, embraced her and touched her private parts. It is further alleged that after the annual exams of 2016, the petitioner herein had gone to the home of the de facto complainant and after showing some nude photographs on his mobile phone, subjected the victim to penetrative sexual assault. Later, the victim disclosed the incident to her mother who in turn took her to a Counsellor. The victim was directed to the police who after recording her statements, registered the Crime.