RAKESH PANDIT Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1041/2019 of Ambalamedu Police Station, Ernakulam, which has been registered for offences punishable under Sec.376(1) of the IPC and Secs.5j(ii) and 6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012.

(2.) The prosecution case in short is that the petitioner/accused aged 22 years and the minor victim girl aged 17 years, both are the natives of the State of Bihar and that on a day in the second week of April, 2019, the petitioner/accused had raped the minor victim girl at her house in Bihar and that later she became pregnant and that thereby the petitioner has committed the abovesaid offences. Further, it appears that the petitioner and the minor victim girl are residing in Kerala for quite some time and after the incidents, when the victim girl returned back to Kerala, she had consulted with the Doctor, at which point of time it was disclosed that she is pregnant and when it was found out by the Doctor that the minor victim girl is pregnant, the matter was notified to the nearest police station, which led to the registration of the instant crime. The petitioner has been arrested in relation to this crime on 30.07.2019 and has been under detention since then.

(3.) The learned Public Prosecutor has submitted since the alleged incidents of sexual intercourse has taken place within the territorial limits of the State of Bihar, steps have been taken by the local police concerned to transfer the abovesaid case to the police station concerned in Bihar, where the incident has occurred.