ARJUN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.923/2019 of Chalakkudy Police Station, Thrissur District, which has been registered for offences punishable under Sections 370, 376 of the IPC and Sections 3, 4, 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012. The crime has been registered on the basis of the First Information Statement given by the lady victim, on 4.11.2019 at about 2.50 p.m in respect of the alleged incident which happened from 14.2.2016 onwards.

(2.) The brief of the prosecution case is that the petitioner/accused, aged 20 years with the intention to sexually exploit the victim girl, then aged 15 years had assured and enticed her that he would marry her and after so enticing her had committed forcible sexual intercourse with her on 14.2.2016 and thereafter also he has committee the similar acts by taking her to his house at V.R Puram etc, and thereby he has committed the above said offences. The petitioner has been arrested in this case on 9.11.2019 and after his remand, has been under custody since then.

(3.) It appears that the date of birth of the minor victim girl is 14.10.2000 and she is said to be a minor at the time of the incidents which happened on 14.2.2016 and immediately thereafter. As the petitioner's age is shown as 20 years as of now, this Court had directed the Investigating Officer to ascertain and submit before this Court as to the date of birth of the petitioner/accused and as to whether he was a major or juvenile at the time of the offence of the alleged incidents on 14.2.2016 and immediately thereafter.