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2023 Supreme(Online)(KER) 2632

HIGH COURT OF KERALA
GOPINATH P, J
XX XX XX XX – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
P.SAMSUDIN, MILAN RACHEL MATHEW, NASRIN WAHAB

ORDER

The petitioner is the sole accused in Crime No.530/2023 of Edakkara Police Station, Malappuram alleging commission of offences under Sections 376 (2) (n), 376(2)(f), 376(AB) and 506 of the Indian Penal Code and Sections 5 (l), 5(m), 5(n) r/w Section 6 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The allegation against the petitioner is that on 13.5.2022 and on an earlier occasion, the petitioner, who is the elder brother of the victim girl, [aged 13 years], had committed penetrative sexual assault on the victim and has also subjected her to physical assault. The petitioner, who is 19 years old, was arrested on 23.5.2023 and has been in custody from that date. The investigation has been completed, and the final report has already been filed.

2. The learned counsel for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner was addicted to drugs and used to exhibit violent behaviour at home, and in order to keep him in custody for some time, the family was advised to implicate him in the case, and

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