SHAJI K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein has been arrayed as the sole accused in the instant crime No. 14/2019 of Chandera Police Station, which has been registered for offences punishable under Sections 376(2)(f), 376(2)(i) of the IPC, 1860 and sections 5(m) 5(n) and 6 of Protection of Children from Sexual Offences Act, 2012 on the basis of the FI Statement given by the mother of the minor victim girl aged 3 1/2 years on 16/01/2019 at about 10 pm in respect of the alleged incidents which happened on 14/01/2019 at about 10 am.

(2.) The prosecution case in short is that the petitioner/accused aged 34 years and the victim girl's mother are maternal first cousins and that petitioner used to visit the residence of the minor victim child aged

(3.) 1/2 years and that on the day in question, 14/01/2019, the victim child had complained to her mother that on the said day, petitioner had taken the minor victim to the upstair portion of the residential building and then had committed penetrative sexual assault on her by inserting his finger into her vagina and by biting her lips. 3. Petitioner has been arrested in relation to the instant crime on 17/01/2019 and has been under judicial custody since then. Investigating Agency has filed the final report on 15/03/2019 and the case is now pending as Sessions Case SC NO. 144/2019 of the 1 st Additional Sessions Court, notified to deal with POCSO cases, Kasargod.