FISAL NAZAR Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner herein has been arrayed as the sole accused in the instant crime No. 1332/2019 of Kalamassery Police Station which has been registered for offences punishable under Section 376(1) of the IPC, section 3 and 4 of the Protection of Children from Sexual Offences Act (POCSO Act) 2012 on the basis of the FI Statement given by the minor victim girl aged 17 years on 14/07/2019 at 1.50 pm in respect of the alleged incidents which is said to have happened on 13/06/2019 at about 1.30 pm. It appears that immediately after giving the FI Statement on 14/07/2019, the minor victim girl has given in addition, section 161 CrPC statement to the Police stating that the day of incident mentioned by her in her FI Statement as 12/06/2019 was a mistake and that actually the incident has taken place on 13/06/2019 and has subsequently given a statement on 27/07/2019.

(2.) The prosecution case in short is that the petitioner aged 22 years used to frequently pester the minor victim girl now aged 17 years, with his offer of love, in which she was not interested and since he was frequently coming after her, she started to have acquaintance with him and they used to contact each other by telephone. That on the day in question (12/06/2019) as stated by her in the FIS and subsequently corrected by her in her additional statement dated 27/07/2019 as 13/06/2019 at about 1.30 pm when she has come to her house after class in her school, there was none else in the house and petitioner had contacted her and said that he would be coming to her house which she tried to prevent and thereafter, the petitioner had come to her house on that day and had compelled her to have sexual intercourse. Out of fear and shame she did not reveal these aspects to her parents or anyone else and later she came to know that the petitioner is addicted to drugs and that his offer of love was a fake one and thereupon she had disclosed the entire aspects to her mother which later led to the lodging of the FIS and registration of the instant crime as above stated.

(3.) Petitioner has been arrested on 24/07/2019 and has been under detention since then. Counsel for the petitioner would point out that the above said allegations are false and that even if it is assumed that the incidents are true, then the sexual incidents could have happened only on the basis of consent between the parties and further that petitioner is seriously suffering from various problems on account of the multiple fractures that he sustained and further petitioner would point out that he could make enquiries in the school in which the victim girl has been studying and the school authorities have issued Annexure II certificate dated 05/08/2019 that on 12/06/2019 the victim girl have attended the said school from 9 am to 4.45 pm, as per the attendance register. On this basis, petitioner would contend that the allegations raised by the victim girl that the incident has taken place on 12/06/2019 at about 1.30 pm is absolutely false and fabricated. Per contra, learned prosecutor would point out that after the registration of crime, the victim girl has disclosed to the IO on 27/07/2019, that as a matter of fact, the date of incident mentioned by her in the FIS as 12/06/2019 was factually wrong and that the incident has actually happened on 13/06/2019 at 1.30 pm. Counsel for the petitioner would also urge that further detention of the petitioner is not necessary, as he has already suffered detention for the last 41 days and that this Court may order to release him on regular bail subject to any stringent conditions.