PERIYADINESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Annexure-A1 Crime No.331/2019 of Munnar Police Station, Idukki, which has been registered for offences punishable under Secs.376(2)(i) and 376(2)(n) of the Indian Penal Code and Secs.3(d) read with Sec.4, 5(I), 5(m), 11(iii) read with Sec.12 of the Protection of Children from Sexual Offence (POCSO) Act, 2012 and Sec.67A of the Information Technology Act, on the basis of the FI Statement given by the mother of the minor victim girl on 16.06.2019 at about 5.40 p.m. in respect of the alleged incidents which had happened for the period from 03.05.2019 to 03.06.2019.

(2.) The prosecution case in short is that the minor victim girl aged five years and the petitioner aged 20 years are living in the immediate neighbourhood and that the petitioner and the minor victim girl's mother are close relatives and that in that regard, he had frequent access to the residence of the victim child and that on 03.06.2019, the mother had found Bail Appl.No.6080 OF 2019 that the child was looking very depressed and when she enquired about it, the child told her that the petitioner used to bite her genital area and thus used to sexually abuse her on quite a few occasions and that the petitioner used to show obscene video pictures to her and the victim child's mother had given the FIS on 16.06.2019, which led to the registration of the instant crime.

(3.) Learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and they have been made out of misunderstandings in the mind of the young child and that the parents of the child have now sworn to Annexures-A2 and A3 affidavits stating that the allegations are made out of misunderstandings and that they have no objections in the grant of bail to the petitioner, etc.