FAIZAL AMEEN Vs. UNION TERRITORY OF LAKSHADWEEP

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.4 of 2018 of the Minicoy Police Station, registered under Section 9(1) r/w. Sections 10, 16 r/w. 17 of the Protection of Children from Sexual Offences Act, 2012.

(3.) In the statement recorded under Section 164 of the Cr.P.C., the victim stated that she is studying in the X standard at the Jawahar Navodhaya Vidhyalaya, Minicoy. She was staying in the hostel attached to the school. The applicant herein is a contract worker and he used to visit the school for painting the school premises. He was having close association with one Masood, who was the classmate of the victim. On 17.10.2018, the juveniles in conflict with law entered the hostel premises in the late hours and called the victim and her friends. They were asked to come out of the hostel. Some food was also handed over. It is alleged that the applicant later came to the spot and handed over a mobile phone to the victim. She alleges that the applicant caught her hand and kissed her. On 18.10.2018, the same persons came to the hostel and the victim along with her friend came out of their rooms and sat with the accused. She was shown some movies in his mobile phone. She further alleges that the applicant kissed her and when he persisted, Masood intervened and the applicant was restrained from proceeding further. The incident was reported to the Principal, who in turn alerted the police.