SAYAD HUDAIFA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.153/2019 of Manjeswar Police station, Kasaragode which has been registered for offences punishable under Secs.376(2)(f), 376(2)(i) & 376(2)(n) of the I.P.C and Secs.3, 4, 7, 8, 9(l), 9(n) & 10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(2.) The brief of the prosecution allegation is that the minor victim girl, aged 17 years, is the sister of the petitioner's brother's wife and that the petitioner-accused, who is now aged 32 years, had on several occasions committed rape on the said minor victim girl at the house of the accused in Uppala Village and thereby committed the aforesaid offences. The petitioner has been under judicial custody since 29.3.2019.

(3.) The learned counsel for the petitioner would submit that the allegations have been falsely foisted against him and as a matter of fact the victim girl was sexually abused by another person which the victim has disclosed to the petitioner, who in turn had disclosed the same to the sister of the defacto complainant, who in turn had informed the same to the victim's mother and that later to wriggle out of the situation the victim girl had falsely foisted the allegations against the petitioner.