Judicial examination of evidence indicated overwhelming support for allegations of sexual assault, necessitating custodial interrogation.

1. This petition, under S.482 of the Bharatiya Nagarik Suraksha Samhita, 2023 , has been filed by the accused in Crime No.475/2024 of Cusba Police Station, Kozhikode. The crime registered against him is in connection with the commission of offence under S.376(2)(n) and S.376AB of IPC and under S.5(l), S.5(m), S.5(n) and S.5(p) read with S.6 of POCSO Act.

2. The victim is a four year old girl who is the daughter of the petitioner's wife's sister. The accusation against the petitioner is that he had applied his fingers and tongue upon the genitals of the little child and thereby committed penetrative sexual assault.

3. The father and mother of the victim child were having a chequered history of marital discord. Due to the above strained marital relationship, and also due to the issues with the mother - in - law, the mother of the victim child had been residing at her parental home along with the victim child, who is her youngest daughter. The two elder sisters of the victim were living at the house of their father. While so, the victim's father committed suicide on 23/04/2024. While the victim was taken to her father's house for the performance of the post funeral rites, and lodged there, she is said to have disclosed to her paternal grandmother the sexual assault perpetrated upon her by the petitioner while she was residing along with her mother. Accordingly, the matter was intimated to the District Child Protection Unit Officer who alerted the police, leading to the registration of this crime. The statement of the victim child was recorded by a Woman Police Officer on 08/06/2024 in the presence of a Psychologist at the house of the victim's father's sister. On the basis of the above statement, the S.I of Police, Kozhikode Cusba Police Station registered the F.I.R on 08/06/2024, and commenced the investigation. The medical examination of the victim child revealed 0.5 cm old tear at 11'O clock position in her hymen. The Medical Officer reported that the above injury was consistent with the history of the alleged sexual assault. The statement of the victim child, recorded by the Magistrate, also confirmed the penetrative sexual assault perpetrated upon her by the petitioner.

4. In the present petition, the petitioner would contend that he has been falsely implicated in this case to wreak vengeance since he had supported the victim's mother in the issues with her in - laws, and also rendered all assistance to her in getting back the custody of the victim child from her mother - in - law and sister - in - law. According to the petitioner, he has been made a scapegoat by the mother - in - law and sister - in - law of the victim's mother to forestall the attempts of the victim's mother to retain the custody of that child.

5. Heard the learned counsel for the petitioner, the learned Public Prosecutor representing the first respondent and the learned counsel representing the paternal grandmother of the victim.

6. The fact that the four year old victim girl had been subjected to penetrative sexual assault, is writ large from the medical examination report. The first information statement given by the victim child, in the presence of a Psychologist, implicate the petitioner herein as the culprit who resorted to that wretched act of sexual violence upon a tiny tot. So also, the statement given by the victim child to the Magistrate, depicts the petitioner as the offender who resorted to the sexual abuse upon her.

7. The learned counsel for the petitioner would contend that the victim child has been tutored by her paternal grandmother and paternal aunt to implicate the petitioner in this crime with the evil motive of preventing that child's mother from getting custody of that child. By ad