ASHRAF C. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.265/2019 of Vidyanagar Police Station, Kasargode, which has been registered for offences punishable under Secs.9f, 9l, 9m and Sec.10 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, on the basis of the First Information Statement given by the minor victim girl on 28.08.2019 at about 9.35 p.m., in respect of the alleged incidents which happened for the period from 01.06.2019 to 27.08.2019.

(2.) The prosecution case in short is that the petitioner/accused aged 36 years is a married man, who is imparting religious religious instructions as a teacher in a Madrasa, where the minor victim girl now aged 10 years is studying and that the petitioner used to frequently sexually assault the girl in the said Madrasa on various occasions during the abovesaid period, by touching her private parts, etc. The learned Prosecutor would point out that initially out of fear and shame, the girl had not disclosed the incidents to anybody and later, when the harassment became quite frequent, she had disclosed the incidents to her mother, which led to the lodging of the FIS and the crime in the instant case.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and it has been made out of misunderstandings and that since the petitioner has already suffered detention for the last 48 days, his continued detention may not be necessary and that this Court may order to release him on regular bail, subject to stringent conditions.