SURESH BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) As these petitions arise out of the same impugned criminal proceedings, these cases are disposed of on the basis of a common order. The main case among these 2 matters is Crl.R.P.No.1191/2014 and unless otherwise stated, the Annexures referred to hereinafter are the Annexures produced in the abovesaid Crl.R.P.

(2.) The petitioner herein has been arrayed as the accused No.5 among the 5 accused arrayed in the instant Crime No.791/2012 of Dharmadam Police Station which has been registered for the offences punishable under Sec. 376 r/w Sec.34 of the IPC and Secs. 3, 4, 7, 8 and 17 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

(3.) The brief of the prosecution case is that during the period from 2010 to 23.11.2012, the accused Nos.1 to 4 who are the father, brother and uncles of the minor victim girl, then aged 13 years had subjected her to sexual harassment by threatening her and putting her on fear at her residence and that the accused Nos.1 to 4 committed rape/forcible sexual intercourse/penetrative sexual assault on her. The accused No.2 was a juvenile at the time of the alleged commission of the offence and his case appears to have been treated separately as to the provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000. The allegations raised against the petitioner (A5) is that he has abetted A2 (juvenile) for committing the abovesaid offence on the victim by the act of the petitioner showing obscene pictures in his mobile phone to A2. The Police after completing the investigation has filed the impugned Annexure -1, final report/charge sheet in the abovesaid crime and after committal proceedings, the case was instituted to the Sessions Court as S.C.No.160/2013 on the file of the Sessions Court, Thalassery.