O R D E R

The petitioner is the 1st accused in Crime No.1244/2023 of Vattppara Police Station, Thiruvananthapuram alleging commission of offences punishable under Sections 376 , 376 (2) (f)(n), 354, 354 (a) (1) (i), 354 (B), 506 (i), 509 and Section 34 of the Indian Penal Code and Section 9 (n), 3 (a) read with 4 (l), 5 (l), 5 (n) read with 6, 7 read with 8, 9 (l)(n) read with 10 of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act).

2. The prosecution allegation is that in the month of June 2022, the petitioner sexually assaulted the victim and removed her clothes with an intent to commit rape on her. It is alleged that thereafter in the month of May, 2023 at about 11 a.m the petitioner again sexually assaulted the victim by tying her hands and legs to a cot and committed penetrative sexual assault on her. It is submitted that the act was committed after inserting a piece of cloth in the mouth of the victim. It is submitted that the 2nd accused in the case is the mother of the victim who is stated to have actively assisted the commission of offence by the petitioner.

3. The learned counsel appearing for the petitioner would submit that the petitioner and the