ORDER

The application is filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita , 2023 (in short, ' BNSS '), by the sole accused in Crime No.710/2024 of the Chingavanam Police Station, Kottayam, which is registered against him for allegedly committing the offences punishable under Section 354 of the Indian Penal Code (in short, ' IPC '), Section 10 , 9(m), 9(n), 12 and 11(iii) of the POCSO Act and Section 75 of the Juvenile Justice (Care and Protection of Children) Act . The petitioner was arrested on 25.07.2024.

2. The gist of the prosecution case is that: the accused, who is the father of the survivor, (a ten year old girl), while the survivor was studying in the 4th Standard and, thereafter, on 01.06.2024, with sexual intention, rubbed the genitals and groped the breast of the survivor.

He also showed obscene videos to the survivor. Thus, the accused outraged the modesty and committed aggravated sexual assault on the survivor.

3. Heard; Sri.Ninu M.Das, the learned counsel appearing for the petitioner and Smt. Pushpalatha M.K., the learned Senior Public Prosecutor.

4. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the accusatio