Court emphasizes the seriousness of offences against minors, balancing the accused's rights against victim protection.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ' BNSS ').

2. The petitioner herein is the sole accused in Crime No.1351 of 2025 of Thalayolaparambu Police Station, registered for the offences punishable under Sections 63 (a), 63(d), 63(vi), 64, 75(l)(ii), 75(2), 76 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 (1) r/w 3(a), 6(l) r/w 5(j)(ii), 5(i) and 8 r/w 7 of the Protection of Children from Sexual Offences Act , 2012.

3. The prosecution case is that, the accused raped the victim, aged 17 years, on a day after 05.05.2025 and on another day after three days, at his brother's room in the house at Velloor Panchayath and impregnated her. Thus, the accused allegedly committed the above offences.

4. Heard the learned counsel for the petitioner, the learned counsel for the defacto complainant and the learned Senior Public Prosecutor.

5. The learned counsel for the petitioner submitted that the petitioner is totally innocent of the allegations levelled against him. According to the learned counsel, the petitioner and the defacto complainant were in thick love and the allegation that, she is a minor is absolutely baseless. According to the learned counsel, still the petitioner is ready to marry the defacto complainant. Moreover, it is submitted that the investigation in this case is practically over and further judicial incarceration of the petitioner will serve no purpose.

6. Sri.Sarun Rajan, learned counsel appearing for the defacto complainant also submitted that the petitioner and the defacto complainant were lovers and they decided to marry.

7. The learned Senior Public Prosecutor opposed the bail application by highlighting the fact that the victim of this offence is a minor. It is submitted that the investigation in this case is over and the final report has been laid. Moreover, the learned Senior Public Prosecutor, on instructions submitted that the petitioner and the defacto complainant have decided to marry.

8. The accusation that the petitioner committed penetrative sexual assault on a minor girl aged seventeen years cannot be viewed lightly. Further, the allegation that the petitioner was got pregnant by the act of the accused, makes the matter more grave. The submission made by the learned Senior Public Prosecutor reveals that it was the petitioner who brought the defacto complainant to the hospital, suspecting a pregnancy, and on examination, a pregnancy of 5 ½ months was detected. Thereafter, she went to the house. Subsequently, it was on a visit made by an Asha Worker that the matter involved in this case was brought to light. Following the same, the Police recorded the statement of the victim and the case happened to be registered.

9. As there is specific allegation that the petitioner is a minor, the contention of the learned counsel for the petitioner as well as the defacto complainant that they were in a relationship cannot be accepted. However, the question whether the petitioner was actually a minor at the time of commission of offence is a matter of evidence, which can be relegated to be considered at the time of trial. However, the fact that the petitioner is an unmarried man aged 25 years has to be taken note of while considering this petition. He is in judicial custody for more than 45 days. The potency examination of the petitioner has already been conducted. Likewise, the statement of the victim has been recorded under Section 183 of the BNSS . Virtually, the investigation in this case appears to have crossed its major and crucial part, and is on the verge of completion. Notably, no criminal antecedents have been pointed out against the p