UNNIKRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.79/2019 of Sholayur Police Station, Palakkad, which has been registered for offences punishable under Sec.376 of the IPC, Sec.75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Secs.5l, 5n and 6 of the Protection of Children from Sexual Offences Act, 2012. The abovesaid crime has been registered on the basis of the FIS given by the minor victim girl aged 16 years on 26.9.2019 at about 6.10 pm in respect of the alleged incidents which have happened for the period from 1.7.2019 to 25.9.2019.

(2.) The prosecution case in short is that, the petitioner accused aged 53 years is the step father of the minor victim girl aged 16 years, and that her mother had divorced the victim's father and thereafter remarried the petitioner accused and initially the girl was staying with her maternal grand parents in Idukki, and later she shifted to the residence of her mother and stepfather in Attappady, Palakkad district, some time in April, 2015 and thereafter on many occasions the petitioner used to sexually harass the minor victim girl by touching her body and later since the mother was not sympathetic the girl had no other way but to keep quiet in the house. Thereafter on a day in July, 2019, the petitioner had come near the minor victim girl at about 10 pm while she was sleeping and she got up immediately when she sensed that the petitioner was lying next to her and touched her ,etc and thereafter he used force and undressed her and had forceful sexual intercourse with her. Out of fear and shame she did not reported the matter. Thereafter the said incident of forceful sexual intercourse was again repeated by him on a day in September, 2019 and thereafter she had not other alternative but to report the matter, which led to the registration of the instant crime. The petitioner has been arrested in this case on 26.9.2019 and after his remand has been under detention since then.

(3.) The counsel for the petitioner would urge that the abovesaid allegations are false and baseless, and further that the delay in lodging of the case has not been properly explained and further that it is learned that the medical examination report would disclose the allegation of the victim regarding penetrative sexual assault and further that as the petitioner has already suffered detention for the last 61 days, this Court may order to release him on regular bail as his continuous detention may not be necessary and that this Court may impose stringent conditions for grant of regular bail, etc. The learned Prosecutor has opposed the plea for regular bail and has pointed out that the allegations are very serious and grave inasmuch as the petitioner accused is none other than the step father of the minor victim girl and that there is every possibility of the petitioner intimidating and influencing the witnesses more particularly the minor victim girl if he is let out on bail. Further that the investigation has not been completed. On being queried about the medical examination report of the victim, learned Prosecutor has made available the copy of the medical examination report of the victim which would show that the Doctor after examination of the victim has stated that there is no evidence for suggesting vaginal penetration and that the victim's hymen is intact.