SAJEESH 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 accused in Crime No.660 of 2018 of the Peramangalam Police Station, registered under Section 354 of the IPC, Sections 9(n) r/w Section 10 and Section 17 r/w Section 18 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 is a child aged 16 years. The 2nd accused is her mother. According to the survivor, her father had expired about six years back and she is living with her mother and brother. The applicant herein is the business partner of her mother and he used to visit her house often. It is alleged that some time in the month of February, 2017, the applicant herein had touched the breasts and intimate private parts of the survivor. When the matter was informed to the 2nd accused, she did not care to believe her version. It is also alleged that on 18.5.2018 at about 2 A.M., the applicant attempted to remove the buttons of her dress and also touched her body with sexual intent. Left with no alternative, the girl is alleged to have left her house on 2.6.2018 at 8.30 pm, and started residing with her grandfather.