O.M.GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant herein is the sole accused in Crime No. 118/2019 of Sulthanbathery Police Station, which has been registered for offences punishable under Sec. 376(2)(n) of I.P.C . and the Sec. 5(1) read with Sec. 6 of the POCSO Act and Sec.3(1)(W)(i)(ii), 3(2)(Va) of SC/ST (POA) Act Amendment, 2015.

(2.) The prosecution case in short is that the appellant accused has committed rape/aggravated penetrative sexual assault upon the minor victim girl aged 17 years, who was working as maid in his house and after knowing fully that she belongs to SC community (Paniya community) and that sexual intercourse was committed by him in the month of February, 2018 and thereafter on several occasions in the house of the accused and from many other places. The appellant has surrendered before the jurisdictional Magistrate's Court on 5.2.2019 and has been under judicial custody since then.

(3.) It is pointed out by the appellant's counsel that appellant's plea for regular bail has been declined on two occasions, the last of which was as per Anx.E order dated 15.3.2019 rendered by the Sessions Court, Wayanad, in Criminal Miscellaneous Case No.175/2019. Aggrieved by the said Anx.E order dated 15.3.2019 rendered by the Sessions Court, Wayanad, denying him regular bail, the appellant has filed statutory appeal in terms of Sec. 14A of the SC/ST (Prevention of Atrocities) Act, 1987.