DINSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant is the sole accused in Crime No. 9/2019 of Kollam Railway Police Station, which has been registered for offences punishable under Sec. 354A of the I.P.C . and Secs.7, 8, 9 and 10 of the POCSO Act, 2012.

(2.) The brief of the prosecution case is that when the victim, a minor girl aged 17 years, and her mother were travelling in the night in Mangalore-Trivandrum Express and were sleeping in the berth, at about 5 a.m. in the morning, the accused, who was on the upper berth of the same bogie of the train touched her breast on two occasions, etc.

(3.) The petitioner's counsel would submit that there is no truth in the allegations and that the very perusal of the first information statement given by the defacto complainant that even according to her, she had a only feeling that she has been touched, etc. and that when the train reached Sasthamkotta Railway Station, the petitioner had tried to slide the curtain to see as to which station the train has reached and during that time, his hand accidentally happened to touch the body of the victim girl, who was sleeping in the lower berth, who started screaming that the petitioner had deliberately touched her.