JOYSAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.464/2019 of Kottapady Police Station, which has been registered for offences punishable under Sections 451 , 376(2)(n) , 506 and 323 of the IPC and Sections 5 (l) and 6 of the Protection of Children from Sexual Offences Act, 2012. The said case has been lodged on the basis of the First Information Statement given by the lady victim on 24.10.2019 in respect of the alleged incident which happened for the period from 1.12.2017 to 13.10.2019. The petitioner was remanded in this case on 25.10.2019 and thereafter has been under detention since then.

(2.) The brief of the prosecution case is that the petitioner/accused, now aged 20 years and the lady victim, who was then a minor at the time of the initial incidents were acquainted with each other as they belong to the same Parish church and thereafter, they developed friendship through facebook, social media and became love affair and the petitioner had sexual intercourse with the victim at a time when she was minor on the first occasion on the day in December, 2017 in the house of the victim and thereafter, he used to have sexual intercourse with her in her house many occasions till 30.10.2019 and such sexual intercourse had taken place on various occasions both at a time when she was a minor and also also after she had completed the majority age of 18 years. Off late, one of the neighbour had seen the petitioner going out of the house of the victim at odd hours, which alerted to the parents and which in turn led to the registration of the instant crime.

(3.) The learned counsel for the petitioner would point out that the above said allegations are false and fabricated and even otherwise, it is admitted case of the prosecution that there was love affair between the parties and taking note of the fact that the petitioner is young man, aged hardly 20 years and he has already suffered detention in this case for the last 44 days, this Court may order to release him on regular bail subject to any stringent conditions that this Court may impose.