NITHEESH MOHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.2008/2019 of Kayamkulam Police Station, Alappuzha, which has been registered for offences punishable under Secs. 457 and 354 of the IPC and Section 7 r/w Section 8 of the POCSO Act, 2012, on the basis of the FI Statement given by the minor victim girl aged 12 years on 17.07.2019 at about 9.45 am, in respect of the alleged incidents which had happened on the previous day 16.07.2019 at about 11.45 am.

(2.) The prosecution case is in short is that the petitioner aged 20 years is living in the immediate neighborhood of the minor victim girl aged 12 years and on 16.07.2019, at about 11.45 am, he had trespassed into her house and forcibly caught hold of her hand and thereafter he ran away. The petitioner has been arrested on 17.09.2019 and has been under judicial custody since then.

(3.) Sri. M.R.Sasith Kumar, the learned counsel appearing for the petitioner would urge that the allegation is false and further that it is highly illegal to remand and detained a petitioner for a long period of 50 days for such minor allegations as raised in the instant crime and that at any rate the continued detention of the petitioner is no long necessary as he had suffered detention for long 50 days for the above said alleged minor offence and that he may be released on regular bail subject to the stringent conditions.