SYAMLAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole in the instant Crime No.2649 of 2019 of Kayamkulam Police Station, which has been registered for the offences punishable under Sec. 363 of the IPC , Secs. 11(iv), 12 of the Protection of Children from Sexual Offence Act, 2015 and Sec.84 of the Juvenile Justice Act (Care and Protection of Children) Act , 2015. The said crime has been registered on the basis of First Information Statement given by the defacto complainant, who is the father of the minor victim girl, aged 16 years on 15-10-2019 at about 11.30 a.m, in respect of the alleged incidents which happened on 15-10-2019 between 7.00 a.m and 7.30 a.m in the morning.

(2.) The prosecution case in short is that the date of birth of the minor victim girl involved in this case is 23-06-2003 and that the petitioner/accused aged 21 years, was having an affair with the minor victim girl aged 16 years, and that he and his sister had come to the victim girl's residence for having friendship with her family members and later the girl's father came to know that on 15-10-2019 though she had left his residence at 7.00 am in the morning for tuition, he was informed by one of his friends that he had seen her going away in a scooter driven by a male person and later he came to know that it was the petitioner who had taken her away in his scooter etc,. Later the petitioner's sister had informed the girl's father that the girl and the petitioner are in her house. The Police has taken a statement of the minor victim girl, wherein she had stated that she had gone along with the petitioner in his scooter to his sister's house.

(3.) The learned counsel for the petitioner would point out that the abovesaid statement given by the minor victim girl will not necessarily disclose any serious offence as per Sec.363 of the IPC and Sec.84 of the JJ act and that at any rate none of the offences as per Sec.11 and 12 of the POCSO act regarding sexual harassment are made out. That in the case like this, where the minor victim girl has gone in the scooter of the accused and that to his sister's house and have returned back immediately, it cannot be said that there is an element of abduction of kidnapping etc., and that viewing it the custodial interrogation of the petitioner is not necessary .