ASHKAR Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the 1st accused in Crime No.1365 of 2018 registered at the Alappuzha South Police Station. In the aforesaid crime, he along with the 2 nd accused face accusations for having committed offences punishable under Sections 370, 376 r/w. Section 34 of the IPC and Sections 3 r/w. 4, 7 r/w. 8 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The victim is a minor girl. The prosecution allegation is that on 7.10.2018, the applicant herein took the victim in a motorcycle to a lodge situated just opposite to the District Hospital, Alappuzha. It is alleged that on the same day at about 2 p.m., the applicant subjected the girl to sexual abuse by touching on her private parts. Thereafter the 1st accused left the place and the 2 nd accused is alleged to have committed penetrative sexual intercourse.