JAIN J S Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein has been arrayed as the sole accused in crime NO. 804/2019 of Kallambalam Police Station which has been registered for offences punishable under Sections 450 and 377 of the IPC and Sections 3(a), 4, 5(m)(l), 6, 11((iii) r/w 12 of the Protection of Children from Sexual Offences Act, 2012 (POCSO) on the basis of the FI Statement given by the minor victim boy aged 9 years on 07/06/2019 at about 9.40 pm in respect of the alleged incidents which have happened for a period from June 2015 onwards. The petitioner has been arrested in this case on 08/06/2019 and has been under judicial custody since then.

(2.) The prosecution case in short is that the petitioner who is now aged 21 years and the minor victim boy now aged 9 years were known to each other and for the period from June 2015 onwards, when the minor victim boy was studying in UKG, he was subjected to serious sexual abuses by the petitioner on various occasions in the house of the petitioner by forcing the boy to do oral sex and also by lying over the body of the boy.

(3.) Counsel for the petitioner would point out that the above said allegations are false and baseless and that the incidents which have allegedly occurred for a period from 2015 to 2019 have been reported for the first time only on 07/06/2019 and therefore the delay in lodging and registration of the FIS in this case would be fatal to the Prosecution and it affects the very believability and credibility of the prosecution case.