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2018 Supreme(Online)(KER) 35809

HIGH COURT OF KERALA
RAJA VIJAYARAGHAVAN, J
SHAHAJAD – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

1.This petition is filed under Section 438 of the Code of Criminal Procedure.

2.The petitioner herein is the 1st accused in Crime No.1188 of

2015 of Aryanad Police Station, registered under Sections 363, 323, 376 r/w Sec. 34 of the IPC, Sec.3 r/w Sec. 4 and 9 r/w Sec. 10 of Protection of Children from Sexual Offences Act, 2012.

3.The daughter of the de facto complainant was a minor girl in the year 2015. It is alleged that an engagement ceremony was held between the petitioner and the minor girl on the understanding that their marriage would be solemnized after she attains majority. It is further alleged that on 9.4.2015, the petitioner kidnapped her from her house and took her to the house of his relative and conducted a marriage on 12.4.2015. Thereafter, the petitioner lived with the minor child as her husband and subjected her to penetrative sexual assault on multiple occasions.

4.The learned counsel appearing for the petitioner submitted that the petitioner is totally innocent. According to the learned counsel, the victim child had lodged Annexure-A1 complaint before Women's Commission wherein she has raised very serious allegations against her mother. She has denied that she

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