STIJU DAS @ SATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant Crime No.830/2019 of Kattakada Police Station, Thiruvananthapuram, which has been registered for offences punishable under Sections 363, 376 IPC and Sections 3(a) and 4 of Protection of Children from Sexual Offices Act, 2012 on the basis of the First Information Statement given by the minor victim girl aged 17 years on 19.6.2019 at about 8.10 a.m, in respect of the alleged incident, which has happened on 11.11.2018.

(2.) The prosecution case in short is that the petitioner/accused, now aged 20 years, who is an autorickshaw driver, had taken the minor victim girl, aged 17 years in his autorickshaw and brought her to the house in the location in question and then committed rape/penetrative sexual assault on her on that day. The crime has been registered on 19.6.2019 and thereafter the petitioner has been arrested on 20.6.2019 and has been under judicial custody since then.

(3.) Sri. G. Ranju Mohan, learned counsel appearing for the petitioner would point out that the alleged incident of rape is said to have happened as early as on 11.11.2018 and FIS and FIR/crime has been lodged only as late as on 19.6.2019 and delay would vitiate the impugned criminal proceedings as it goes to the root of the prosecution case and it raises serious question marks about the very believability and credibility of the prosecution story. In that regard, learned counsel for the petitioner would point out that the minor victim girl was facing many difficulties at the hands of her drunkard father and she was admitted in a Care Institution and it appears that a complaint was made before the Police that the girl was taken from the Care Institution by the petitioner and when the Police authorities questioned the victim girl, she has narrated the alleged earlier incident, which has happened on 11.11.2018. It is on this basis that the crime has been registered. The learned counsel for the petitioner would point out that the allegations in the above crime that the petitioner has raped the victim girl on 11.11.2018 is absolutely false and that both of them were having a love affair and that they have now decided to marry after the girl completes the majority age of 18 years on 6.9.2019 and after the petitioner completes the marriageable age of 21 years on 4.1.2020 etc. Further it is pointed out that the continued detention of the petitioner is no longer necessary and that this Court may order to release him on regular bail subject to stringent conditions.