SASIKUMAR Vs. STATE

JUDGEMENT

(1.) The petitioner, who was arrested and remanded to judicial custody on 13/9/2022 for the offences punishable under Ss. 363 @ 363, 366 of IPC and Sec. 9 of Child Marriage Act, 2006 and Sec. 5(1) read with Sec. 6 of POCSO Act, 2012 in Crime No.16 of 2022 on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that the petitioner kidnapped the minor victim girl and had committed penetrative sexual assault on her. Hence, the case.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is aged about 21 years and the victim is aged about 17 years and they both were neighbours and they have grown up together and thereafter there was a love affair between them. He would further submit that the petitioner without understanding the rigours and consequences of POCSO Act, had entered into love affair with the victim minor girl and committed penetrative sexual assault on her. He would also submit that major part of the investigation is over and the statement of the victim girl under Sec. 164 of Cr.P.C has also been recovered. He would also reiterate that the petitioner is in custody from 13/9/2022. Therefore, he prays for grant of bail to the petitioner.