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2014 Supreme(Ker) 8

P.BHAVADASAN
Bilal @ Ahammed Bilal – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:K.P. Harish, Advocate.
For the Respondents: Mrs. P. Maya, Public Prosecutor.

Judgment :

1. The petitioner is the sole accused in Crime No. 1339 of 2013 of Hosdurg Police Station who is alleged to have committed the offences punishable under Sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

2. The allegation against the petitioner is that he committed sexual assault on the victim aged only 12 years.

3. The petitioner would say that he is innocent and has been falsely implicated. He would say that even assuming all the allegations to be true, the offences under Sections 3 and 4 of the Protection of Children from Sexual Offences Act cannot be attracted to the facts of the case.

4. The learned Public Prosecutor opposed the petition and pointed out that the offences are of such a serious nature and the petitioner deserves no leniency. It is also pointed out that the investigation is going on.

5. After having heard the learned counsel for the petitioner and the learned Public Prosecutor and having perused the records, the claim of the petitioner that he is innocent cannot be accepted. Prima facie, there are materials as against him. Anyway, a deeper probe into the veracity of the allegations is not warranted at this point of time. The fact









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