KIRAN Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant herein, a teenager, is the sole accused in Crime No.1701 of 2018 registered at the Kadakkal Police Station under Section 376 of the IPC and Sections 3 r/w. Sec.4, 7 and 8 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The victim is just under 18 years of age. According to her, the applicant herein was her senior in the school. She states that they have been in love for the past several years. On 24.9.2018 at about 9 a.m., the applicant accompanied the girl to the hospital as she was ill. While she was in the hospital, she was called by a friend and she was told that the fact that she has not attended the school on that day has come to the knowledge of her parents. Scared of the consequences, she is alleged to have gone with the applicant and stayed in the house of his relative for three days. She states that she had spent the night with the lady members of the house and she was not subjected to any sexual abuse by the applicant. However, she stated that some days prior to the incident, the victim and the applicant had gone to a deserted building and had sexual intercourse.