ABDUL MANAF P.C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant crime No.154/2014 of Vellarikundu Police Station, Kasaragod, which has been registered for offences punishable under Sec.376(2)(l)(n)(f) of the IPC.

(2.) The brief of the prosecution case is that, the petitioner/accused is the stepfather of the victim girl who was a minor at the time of commission of offence and that the accused, his wife (victim's mother) and the victim were living together in a rented house at Manarcad, Palakkad, and that the petitioner accused had given the victim intoxicating substances in milk and fruit juices and made her unconscious and committed forcible sexual intercourse on her on various occasions, about 3½ years back to the registration of crime. At that time, the victim was studying in standard VIII. That as a result of these incidents, the victim girl became pregnant and had given birth to a baby girl who was aged 2 ½ years at the time of registration of the crime.

(3.) The petitioner was initially arrested in this case on 27.3.2014 at the crime investigation stage and thereafter he was released on regular bail on 25.7.2014. The police thereafter had completed the investigation and filed the final report/charge sheet in this case and after the committal proceedings, the case is now pending as Sessions Case S.C.No.395/2019 on the file of the Additional Sessions Court notified to deal with POCSO cases, Kasaragod. It appears that the Sessions Court after taking cognizance had issued summons to the petitioner, to which the petitioner had not responded and thereafter warrant and non-bailable warrant was issued against him, and he was found to be absconding and now he has been apprehended, pursuant to the non-bailable warrant on 22.9.2019, and thereafter he has been remanded by the Sessions Court and he has been under detention since then.