MANZOOR.H Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.835/2018 of Palakkad Town South Police Station, which has been registered for offences punishable under Sec.354A of the I.P.C and Secs.8, 7, 10, 9l & 9n of the POCSO Act. The abovesaid Crime has been registered on the basis of the FI statement given by the minor victim girl aged 13 years on 11.11.2019 at about 8:20 p.m. in respect of the alleged incidents happened on 11.10.2019 at about 12:00 mid night and on few occasions thereafter.

(2.) The prosecution case in short is that the petitioner- accused aged 32 years is the husband of the younger sister of the mother of the minor victim girl aged, 13 years, and that the petitioner is living in the immediate neighbourhood of the victim's family and used to come to the residence of the other and that on 11.10.2019 when the victim girl had gone to the residence of the petitioner, he had pressed her breast and later he had repeated the same act once on the way to the school and later on 11.11.2019 he entered into her house at about 12:30 mid night and he was caught red handed, etc. The petitioner has been arrested in this case on 19.11.2019 and has been under detention since then.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and there is delay of more than one month in lodging the FI statement in the instant case and taking note of the fact that the petitioner has already suffered detention for the last one month, this Court may release the petitioner on regular bail subject to any stringent conditions.