VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1770/2019 of Perumbavoor Police Station which has been registered for the offences punishable under Secs. 366 and 376(2)(n) of the IPC and Secs.5(l) r/w 6 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The crime was initially registered as 'person missing case' under Sec.57 of the Kerala Police Act, 2011 on account of the missing of the minor victim girl aged 17½ years. Later, the Police after investigation had traced that the girl was found to be in the custody of the petitioner/accused and the offences in the above FIR were altered to include the abovesaid offences and the petitioner herein has been arrayed as the sole accused in the array for the said offences. The petitioner has been arrested in this case on 02.09.2019 and after his remand, has been under detention since then.

(2.) The prosecution case in short is that the petitioner/accused aged 22 years and the minor victim girl aged 17 ½ years were having a love affair and according to the girl's version given under Sec.161 of the Cr.P.C. to the Police, she had voluntarily gone with the petitioner/accused on the night of 29/09/2019 and that they had stayed in the house of the petitioner for about 3 days and that they had sexual intercourse during those occasions.

(3.) The case of the prosecution is that admittedly the victim was a minor at the time of the alleged incident and that therefore the issue as to whether there is consent or not is immaterial etc. and that the petitioner had committed the abovesaid offences. The learned Prosecutor has made available a copy of Sec.161 Cr.P.C. statement given to the Police in this case and a perusal of the same would make it clear that she was having a love affair with the petitioner/accused and she had gone along the petitioner on the day in question on her own will and that she had stayed in the petitioner's house for about 3 days, where they had sexual intercourse etc.