SREEKANTH M.S. 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.856 of 2018 registered at the Balaramapuram Police Station. In the aforesaid crime, he is accused of having committed offence punishable under Sections 7 , 8 , 11 and 12 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The survivor is a girl aged 16 years. In her statement she alleges that the applicant herein is her step father. In the month of March, 2018, while her mother had taken her mentally ill brother to the hospital, the applicant is alleged to have approached the victim and made sexually coloured remarks. It is further alleged that on an earlier occassion, the applicant touched her thighs with sexual intent. She further alleges that though she had disclosed these facts to her mother, she did not initiate any action against the applicant.