MOHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.845/2019 of the Thrissur Town West Police Station. In the aforesaid case, the Investigating Agency has filed a final report alleging the commission of offence under Ss. 376 AB, 376(2)(f)(n) and 376(3) of the Indian Penal Code, 1860, and Sec. 4 read with Sec. 3 (b) & Sec. 6 read with Sec. 5 (l)(m)(n) of the Protection of Children from Sexual Offences Act, 2012, and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(2.) The allegation against the petitioner, a person aged 69 years who retired from the University of Calicut as Sec. Officer, is that he committed rape and penetrative sexual assault upon his seven year old granddaughter by pressing his fingers upon her genital area during various occasions from 2017 to 2019. According to the petitioner, a false case has been foisted against him by his daughter, who is the mother of the victim child, since he did not give approval for the wanton life being followed by her. It is stated that the victim child was born in the first marriage of the petitioner's daughter, which was dissolved under Sec. 10A of the Indian Divorce Act, 1869, on 21/8/2017. Thereafter, the petitioner's daughter is said to have married another person, but the above relationship also did not extend for more than one year. While the proceedings were pending before the Family Court, Thrissur, for the divorce of the second marriage of the petitioner's daughter, she is said to have fallen in love with another person, who later on committed suicide.

(3.) Heard the learned counsel for the petitioner and the learned Public Prosecutor representing the State of Kerala.