ASWIN PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioner, a final year Engineering student, is arrayed as the sole accused in Crime No.1445 of 2017 of the Thrissur West Police Station. He is accused of having committed offences punishable under sections 376 of the IPC and under sections 6 r/w. Section 5 & Section 3 r/w section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The petitioner is the son of the maternal uncle of the victim. According to the victim, due to irreconcilable disputes between her parents, she along with her father were residing in her maternal uncle's house for the past more than 1 1/2 months. Her uncle was admitted in the hospital and her aunt was with him. On 27.11.2017 at 5.30 a.m., her father went home for some errands. At that time, the petitioner is alleged to have entered her room and subjected her to penetrative sexual assault. She managed to somehow kick him off and locked herself inside the bathroom. Later, she went to her school without disclosing the fact to anybody. Later, as per her request, her father admitted her in a hostel at Kottapuram. On 17.12.2017, she informed her hostel warden that she wanted to meet her mother. When she met her mother, she is alleged to have disclosed about the incident which took place on 27.11.2017. On the basis of the information furnished by her to the Station House Officer of the Thrissur West Police Station, the Crime was registered. The petitioner was arrested on 18.12.2017 and is now in judicial custody.