K.S.VISHNU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1638/2019 of Palluruthy Kasaba Police Station, registered for offences punishable under Sec.376 of the Indian Penal Code and Secs.3a, 4, 5l and 6 of the Protection of Children from Sexual Offence (POCSO) Act, 2012. The case has been registered on the basis of the First Information Statement given by the lady victim now aged 19 years on 21.09.2019 at about 01:05 a.m., in respect of the alleged incidents which happened for the period from 01.06.2016 onwards. The petitioner has been arrested in this case on 21.09.2019 and after his remand, has been under detention since then.

(2.) The brief of the prosecution case is that the petitioner/accused now aged 22 years was having a love affair with the lady victim, when she was a minor and that he had promised to marry her and had sexual intercourse with her on various occasions for the period from June, 2016 onwards and therafter, he has abandoned her and that she has become pregnant, etc.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless. Further that, it is true that earlier the petitioner is having a love affair with the lady victim and later it turned out that she started developing an amorous relationship with another boy named, Adityan and Annexure-A2 series of photographs given on page Nos.6 to 11 of this paper book are the intimate photographs between the lady victim and Adityan, which was sent to the petitioner's mobile by none other than the victim girl and she had informed the petitioner about her new love affair and so the petitioner had stopped the relationship. Further that the petitioner is no way responsible for her alleged pregnancy and that he has not made any sexual contacts with her, etc. Further that, the petitioner had purchased a motor cycle in his name and the victim and her brother raised a dispute saying that the said motor cycle was purchased by the petitioner using their money and that the petitioner should refund the said money. Thereupon, the petitioner was compelled by the victim girl and her brother to sign Annexure-A1 agreement dated 17.09.2019 for refunding Rs.40,000/-, in which the victim's new lover, Adityan is also one of the witnesses. Further that, it is only after Annexure-A1 agreement dated 17.09.2019 that the victim has made the instant complaint on 21.09.2019, etc. Further it is urged that the petitioner has already suffered detention for the last 44 days, this Court may order to release him on regular bail, etc.