BIJU JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant herein is the accused in Crime No.745 of 2018 of the Alakkode Police Station, registered under Sections 376(2)(i)(n)(f) of the IPC and Section 5(l)(m)(n) r/w. Section 6 and Section 9(l)(n) r/w. Section 10 of the Protection of Children from Sexual Offences Act.

(3.) The victim is a minor girl aged 14 years and is the daughter of the younger brother of the applicant herein. In her statement, which is recorded on 30.11.2018, she alleges that she is studying in the X standard. While she was quite young, her mother had left the family and since then she has been living with her father. However, when she was in the VIII standard, she was admitted in an orphanage at Mayattuparambu. Her paternal grand mother is residing with the applicant and his family. While so, she had occasion to visit her grand mother and spend a day there. She slept in the same room with her grand mother, the wife of the applicant and her cousin. The applicant is alleged to have entered the room and subjected her to sexual abuse. She further alleges that the same act was repeated by the applicant when she was in the IX standard as well. She further alleges that she had disclosed the incident to her class teacher as well as the authorities of the Child Line, Thalassery. In the same complaint, she states that the son of the applicant and her brother one Binu had also sexually assaulted her.