GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in instant Crime No.18/2019 of Kumily Police Station, which has been registered for the offences punishable under Sections 366 A, 376 of IPC and Sections 3(a) , 4 , 5 (l) and 6 of the Protection of Children from Sexual Offence Act, (POCSO Act), 2012.

(2.) It appears that the minor victim girl was found missing from her home and based on the petition given by her father, initially the present Crime No.18/2019 of Kumily Police Station was registered under Section 57 of the Kerala Police Act in relation to a "person missing" case. The Police later traced out that the minor victim girl aged 17 years was with the petitioner/accused aged 21 years and it appears that the victim girl was produced before this Court in Anneuxre A2 Habeas Corpus Writ proceedings and she was directed to be placed under the care of the Child Welfare Committee and the Division Bench of this Court had them directed as per Annexure-2 judgment dated 29.01.2019 in W.P.(C) No.26/2019 that she should be placed under the care of the Child Welfare Committee. The Police later recorded Section 161 Cr.PC statement from the victim girl, when it was found that the petitioner had sexual intercourse with her during the said period, she was with him on several occasions. Pursuant to that, the above said offences were additionally added in the already registered Crime No.18/2019 of Kumily Police Station. The petitioner has been arrested on 29.01.2019 and he has been under judicial custody since then. It is the common ground that the Investigating Officer has finalised the investigation and has already filed the final report/charge sheet in the instant crime before the competent Criminal Court on 09.04.2019.

(3.) Sri.N.K.Subramanian, learned counsel for the petitioner/accused would urge that the above said allegations have been falsely foisted on the petitioner and even the minor victim girl has stated before this Court, in the above said Habeas Corpus Writ proceedings as well as the Police, that she had gone willingly with the accused. Further that now none to take care of the aged mother of the petitioner/accused and petitioner would urge that as the final report/charge sheet has already been filed after the completion of the investigation and this Court may take into account the crucial aspect that the petitioner has already suffered detention in this case for the last 313 days and so that the petitioner could be released on regular bail subject to any appropriate stringent conditions.