VIJAYAKUMAR Vs. STATE

JUDGEMENT

(1.) The subject crime in this case is Crime No.150/2019 of Parassala Police Station, Thiruvananthapuram, which was initially registered under Sec.174 of the Cr.P.C on 31.01.2019 at about 2.30 p.m., in respect of the unnatural death/suicide committed by the minor victim girl involved in this case on the same day at 12.30 noon. The police after investigation has altered the offences to those as per Sec.306 of the IPC and Sec.11 of the Protection of Children from Sexual Offences (POCSO) Act, 2012, which is punishable under Sec.12 thereof.

(2.) The prosecution case in short as far as the abovesaid offences are concerned is that, the minor victim girl aged 15 years was initially having an affair with the petitioner herein (A1) now aged 21 years and that he had given a mobile and sim card to her for use and that initially the minor victim girl and her parents were living in a rented premise in the immediate neighbourhood of the petitioner (A1) and thereafter the minor victim girl found that she cannot carry on the affair with the petitioner any longer and still the petitioner used to go after her and trouble her in many ways and her parents were also forced to intervene, so as to tell A1 to desist from the affair any longer and since it was in vain, the minor girl and her parents were constrained to shift their residence to a different area. Even thereafter, the petitioner (A1) troubled her by going after her and the minor victim girl's father was constrained to go the petitioner's house and to request his parents to prevail upon the petitioner to desist these activities and thereupon, the petitioner assured that in case, the minor victim girl directly tells him on his face that she is no longer interested in him, he would stop the affair. Thereupon, the minor victim girl's father graciously invited the petitioner (A1) to his house along with a friend and the victim girl's parents and the minor victim girl interacted with the petitioner and the minor victim girl openly told the petitioner in the presence of her parents that she is not in any manner interested with him and to stop troubling her, etc. Further it appears that in the meanwhile the minor victim girl started having affair with another boy (A2) and this was to the strong dislike of the petitioner (A1). So also it appears that A2 used to frequently sent obscene messages to the minor victim girl's phone. Further that on 31.01.2019 (the day on which the minor victim girl ultimately committed suicide), the petitioner had contacted the minor victim girl's brother and told him that he want to talk directly with the minor victim girl and the brother handed over the phone to the minor victim girl and the petitioner (A1) had talked with the minor victim girl and it is some time after she had received the abovesaid telephone call that the minor victim girl has committed suicide in her house by hanging on that day (31.01.2019) at about 12.30 noon.

(3.) It is pointed out that the petitioner surrendered before the Investigating Officer on 05.11.2019 and thereafter, he has been remanded by the order of the jurisdictional Magistrate's Court concerned on the same day (05.11.2019) and since then he has been under detention in relation to this case.