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2024 Supreme(Online)(KER) 8046

HIGH COURT OF KERALA
C.S. DIAS, J
BIBIN BENNY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
SRI.BASIL CHANDY VAVACHAN, SMT.CHARUTHA BHAIJU, SMT.CHANDHANA BHAIJU, SRI.BASIL SAJAN, SMT.FATHIM NAVAS, SMT.KAVYA P.R., SMT.LEKSHMI PRIYA V., SRI.BASIL SCARIA

ORDER

Dated this the 03rd day of July, 2024 The application is filed under Section 439 of the Code of Criminal Procedure, 1973 (for short ‘the Code’) by the sole accused in Crime No.117 of 2024 of the Karimannoor Police Station, Idukki, which is registered against him for allegedly committing the offences punishable under Sections 363 , 370A, 376, 376(3), 376(2)(n) of the Indian Penal Code, 1860 , Sections 4 (2) r/w 3(a), 6(1) r/w 5(1) of the Protection of Children from Sexual Offences Act, 2012 (for short ‘POCSO Act’), Section 84 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and Section 3(1) (w)(i), 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act. The petitioner was arrested on 22.02.2024.

2. The gist of the prosecution case is that : the accused had induced the defacto complainant/victim, a 14 year old girl, and committed rape on her and aggravated sexual assault. The accused has also committed offences under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, since the victim belongs to the said community. Thus, the accused has committed the above offences.

3.Heard; Sri.Basil Chandy Vavachan, the

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