SHAMEER BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the sole accused in Crime No.167 of 2018 registered at the Nilambur Police Station, under Sections 450, 376(2)(l)(n) of the IPC, Sections 5(l), 6, 5(n), 5(m) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 and Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(3.) The survivor in the instant case is a minor girl aged 8 years. The prosecution allegation is that the sister of the applicant herein married the father of the survivor child in the year 2016. They started living together as husband and wife. While so, it is alleged that the applicant trespassed into the dwelling house of the victim and committed aggravated penetrative sexual assault. The child was initially taken to a hospital when she developed some infection. Later, medical examination was conducted. It was revealed that the child was subjected to sexual assault. Based on the information given by the child, the aforesaid Crime was registered.