SHEBIN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant Sessions Case S.C. No. 561/2014 on the file of the Additional Sessions Court notified to deal with the POCSO cases, Thodupuzha, for offences punishable under Secs. 363 and 376 of the IPC and Secs. 3 and 4 of the POCSO Act, 2012.

(2.) The prosecution case in short is that, the defacto complainant in this case is the minor victim girl who was then aged 14 years and that, on 29.9.2014 at about 8.30 am when she was going to school, the petitioner accused then aged 18 years had kidnapped her from the lawful guardianship of her parents with the intention to have sexual intercourse with her and that the petitioner after promising her that he would marry her taken her in an autorickshaw and had taken her to the place of occurrence and had committed sexual intercourse with her in the back seat of the autorickshaw without her consent, and thereby the petitioner has committed the abovesaid offences.

(3.) The evidence in this case has been commenced and the minor victim girl has been examined by the prosecution as PW 2. One of the cases set up by the petitioner is that the minor victim girl was having a love affair with the petitioner and that she had sent a series of love letters to him, and that even if it is assumed that the sexual intercourse has taken place it would have been only on the basis of consent. While confronting the minor victim girl in that aspect, she has strongly denied the factum of any love affair between the parties and that she has also taken the definite stand that she is not the author of the alleged love letters, etc. Thereupon the petitioner made an application as per Crl.M.P. No. 3373/2019 in S.C. No. 561/2014 making a plea that the abovesaid love letters which according to him are written in the handwriting of the minor victim girl, should be subjected to expert handwriting analysis, and if that is so done, the petitioner will be able to prove the fact that the author of the said letters is none other than the minor victim girl, and that her very version given before the Court that there was no consent and that she is not the author of said letters, etc would be proved as blatantly false.