SUMITHA PRADEEP Vs. ARUN KUMAR C.K

JUDGEMENT

(1.) Leave granted.

(2.) The appellant is the mother of the victim who is a 12 years old girl child.

(3.) The appellant is aggrieved by the Order dated 25­7­2022 passed by the High Court of Kerala at Ernakulam, whereby Respondent No.1 has been granted protection of anticipatory bail in Crime No.442 of 2022 dated 27­5­2022 registered at Police Station Meenangadi District Wayanad under Ss. 354A(1)(i),(ii) & (iv), 354 A­(2) and 354­A(3) of the Indian Penal Code read with Ss. 7, 8, 9 and 11 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act'). The occurrence allegedly took place on 14­12­2021 when Respondent No.1 is alleged to have sexually assaulted his 12 years old niece. The allegations are that Respondent No.1 asked the victim to sit on his lap and thereafter he hugged her and kissed her on the cheeks and tried to kiss her on her lips. He further attempted to disrobe the victim and made lewd comments. The victim was an excellent student giving good performances both in curricular and co­curricular activities but the incident traumatized her to an extent that she slumped down in her course and performance. She was taken to counselling but did not open up. The victim was taken for second counselling session and at that time, she disclosed the unfortunate incident, she had faced from her maternal uncle, namely, Respondent No.1. Thereafter, the subject First Information Report was immediately registered; medical examination was conducted and Statement of the victim under Sec. 164 of the Code of Criminal Procedure, 1973 was recorded. Apprehending his arrest, Respondent No.1 approached the learned Sessions Court but was declined anticipatory bail. Thereafter, Respondent No.1 approached the High Court and vide impugned Order dated 25­7­2022, the said Court granted him conditional anticipatory bail on the following terms:­