PRIYESH U K Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant herein is the 2 nd accused in Crime No.427 of 2018 of the Balussery Police Station. He is accused of having committed offences punishable under Sections 302 and 120B of the IPC and Section 75 of the Juvenile Justice (Care and Protection of Children) Act , 2015.

(3.) According to the prosecution, the 1 st accused, a married woman, who was residing separately from her husband, had an illicit affair with the applicant herein, who is also a married man. They used to have a physical relationship consequent to which the lady became pregnant and delivered a girl child. The applicant, who at the relevant time was in Gujarat, is alleged to have conspired with the 1st accused and instigated her to do away with the minor child. According to the prosecution, the 1 st accused inflicted injuries on the new born child causing her death.