ABOOBACKER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No. 623/2019 of Kozhikode Town Police Station for offences punishable under Sec.363 of the IPC and Secs. 11(ii), 12, 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The said crime has been so registered on the basis of the FI statement given by the minor victim boy aged 16 years on 29.10.2019 at about 8.50 p.m. in respect of the alleged incident which happened on the same day at about 3.00 p.m. in the afternoon.

(2.) The prosecution case in short is that on 29.10.2019 at 3.00 p.m. in the afternoon, when the minor victim boy aged 16 years was going to home after school, the petitioner/accused aged 60 years had enticed him and taken him to a lodge near the Kozhikode railway station and after locking the room, he had caught the genital organ of the boy and also made the boy catch the petitioner's genital organ, thereby, the petitioner had sexually assaulted him and committed the abovesaid offences. The petitioner has been arrested in this case on 29.10.2019 and after his remand, has been under custody since then.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and baseless and further that the abovesaid allegations have been made only out of misunderstandings and that now the father, mother and the maternal uncle of the minor victim boy are the respondents 2 to 4 herein have sworn to Annexures-A2 to A4 affidavits stating that the aboveaid allegations are made against the petitioner only out of misunderstandings and further that, they do not have any objections in the grant of regular bail to the petitioner etc.