STALIN KURIEN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant crime No.1177/2019 of Kuthiathode Police Station, which has been registered for the offences punishable under Secs.341, 354 and 506(i) of the IPC and Secs. 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The said crime has been registered on the basis of the FI statement given by the minor victim girl aged 15 years on 04.11.2019 in respect of the alleged incident which happened on 27.10.2019 at about 4.30 p.m. The petitioner has been arrested in this case on 04.11.2019 and after his remand, has been under detention since then.

(2.) The prosecution case is that the petitioner/accused aged 19 years was having a love affair with the minor victim girl aged 15 years and she knew the petitioner as the petitioner's sister happened to be her friend and later, due to difference of opinion, she stopped the affair and enraged at that, the petitioner had come to her school on 27.10.2019 at about 9.00 a.m. and threatened her that he would pour petrol over her and burn her. Later on the same day, in the evening, the petitioner again came near her and caught hold of her and asked her whether, she still has any love for him and that thereby, the petitioner has committed the abovesaid offences.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and baseless and have been made only out of misunderstandings of the minor victim girl. Further that, the petitioner has already suffered detention in this case for the last 47 days, his continued incarceration may not be necessary and taking into account of the nature of the allegations disclosed against the petitioner and that this Court may order to release him on regular bail, subject to stringent conditions.