ABDUL NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.197/2019 of Kolathur Police Station, Malappuram district, registered for offences punishable under Secs.354 & 354A(1)(i) of the IPC and Secs. 10, 9f & 9m of the POCSO Act, 2012. The crime has been registered on the basis of the FIS given by the minor victim girl aged 5 years on 10.10.2019 at about 6.20 pm, in respect of the alleged incidents which have happened for the period from September, 2019 onwards. The petitioner has been arrested in this case on 8.11.2019, and after remand has been under detention since then.

(2.) The brief of the prosecution case is that, the petitioner accused aged 47 years is the Usthad who is teaching in the Madrassa, where the minor victim girl aged 5 years is a student, and that on a day in September, 2019, when the petitioner was taking classes, he had shown some cartoon to the children and thereafter the petitioner had asked the victim girl to read a chapter from the book and then he had touched her private parts, and thereby he has committed the abovesaid offences.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and baseless and further that, it would have been out of sheer misunderstandings of the minor victim girl who is aged only 5 years and that there has never been any complaint on the previous occasion about the petitioner in that regard, and further it is urged that taking note of the nature of the allegations disclosed in this case and the crucial fact that the petitioner has already suffered detention for the last 27 days, this Court may order to release him on regular bail subject to appropriate conditions that may be deemed fit and proper.