CHRISOSTOM BENJAMIN Vs. THE STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner, a 54 year old man, is arrayed as the accused in Crime No.1676 of 2017 of the Ollur Police Station, registered alleging offence punishable under Sections 354, 354(A) of the IPC and Section 8 r/w Section 7 and Section 10 r/w section 9(n) of the Protection of Children from Sexual Offences Act, 2012.

(3.) The aforesaid crime was registered on the basis of an email received by the State Police from the mother of the victim child. It appears that the victim and her parents are settled in the United States. The victim's father is the brother-in-law of the petitioner herein. In her complaint, she states that the sister of her husband Smt.Lini Abraham, expired on 6.11.2017. To participate in her funeral ceremony, the complainant and her family members had come down to India. She stayed in the house of the petitioner. Her minor daughter is aged 16 years. On 21.11.2017, the informant and her husband went for last minutes shopping and left her minor daughter with the petitioner. It is alleged that while the victim child was drawing a picture, the petitioner came and stood behind her and massaged her neck and back without her consent. It is alleged that he put his hands inside her clothes and touched her breasts and pinched her nipples. The victim did not divulge these aspects to her parents. They returned back to the US and reached there on 22.11.2017. On 29.11.2017, the victim is alleged to have disclosed the incident involving the petitioner to her friend. Her friend asked her to inform the de facto complainant and on 30.11.2017, she was told about the incident. On 3.12.2017 an email was sent to the State Police, based on which aforesaid Crime has been registered.