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2020 Supreme(Online)(KER) 45038

HIGH COURT OF KERALA
P. G. Ajithkumar, J
SHAJI JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.NIREESH MATHEW, SRI.AJITH MURALI

O R D E R

This Bail Application filed under Section 438 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference. 2. The petitioner is the accused in Crime No.719/2020 of Vandanmedu Police Station, Idukki District. The above case is registered against the petitioner alleging offences punishable under Section 354 of the Indian Penal Code ( IPC ) and Sections 7 and 8 of the Protection of Children from Sexual Offences Act .

3. The prosecution case is that on 08.10.2020 at about 12 noon, the accused sexually assaulted the victim girl aged 15 years by caught hold of her hand, and thereby committed the offences.

4. Heard the learned counsel for the petitioner and the learned public prosecutor.

5. The learned counsel for the petitioner submitted that the incident is not happened as alleged by the prosecution. The counsel submitted that even if the entire allegation are accepted the offence under Section 354 of IPC or the offences under the POCSO Act is not attracted in this case. The counsel submitted that the grandmother of the victim is conducting a small tea shop. There was some wordy quarrel between the petitioner and the victim,about a tea served to the petitioner. No

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