KAMALAKSHA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.396/2019 of Kumbla Police Station, Kasaragod district, registered for offences punishable under Secs.354 and 354A of the IPC and Secs.9l, 9m, 10, 11(vi) and 12 of the POCSO Act, 2012. The crime has been registered on the basis of the FIS given by the minor victim girl aged 10 years on 26.10.2019 at about 8.20 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 26.10.2019, and after remand has been under detention since then.

(2.) The brief of the prosecution case is that, the petitioner accused aged 42 years is working in a jewelry shop on the ground floor of the building in which the minor victim girl and her parents were residing in the upper floor, and that on several occasions from September, 2019, the petitioner accused with an intention to sexually outrage the modesty of the minor victim girl by calling her to the shop room and thereafter he has touched her private parts and had also made her hold his genital organ, and thereby he has committed the abovesaid offences. It appears that the parents of the minor victim girl are migrant labourers from Uttar Pradesh State and are now settled in Kasaragod district in connection with their employment.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and baseless and further that, taking into account the fact that the petitioner has already suffered detention for the last 40 days, his further detention may not be necessary and this Court may order to release him on regular bail subject to appropriate conditions.