O R D E R

The petitioner is the 1^st accused in Cr.No.362/2018 of Rajapuram Police Station, Kasaragod district, which has been registered for offences punishable under Secs.354, 363, 376 r/w

Sec.34 of the IPC and Sec.3(a) r/w Secs.4, 7, 8, 16 & 17 of the POCSO Act.

2. The brief of the prosecution case is that the petitioner

(A1) on 28.10.2018 at about 1.45 pm had taken the minor victim girl aged 16 years with the held of accused No.2 and without the consent of a lawful guardian from Panathur, the place where victim girl and A1 are residing, in a car to Kanhangad and thereafter brought her to Puthukotte in Tamil Nadu and further that the victim girl had stated that on 29.10.2018, after medication she was in a drowsy mood and had felt that somebody had lying over her body.

3. The learned counsel appearing for the petitioner would point out that the victim has not made any allegations either in her FIS or subsequent statements that the first accused or any other accused had sexual intercourse with her and that therefore the incorporation of the offences u/s 376 of the IPC and Sec. 3 & 4 of the POCSO Act, relating to penetrative sexual assault is not