Lijo Joseph vs State Of Kerala And Ors

This is an appeal preferred under Section 14A(2) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989,

hereinafter referred to as the Act. The appellant is the accused in Crime No.45/2021 of Vellikulangara Police Station in Thrissur District. The case

was registered on the basis of the First Information Statement given by the victim girl, who is only 11 years old, alleging offence punishable under

Sections 354, 354A(1)(ii), 354A(1)(iv), 354B, 447 of the IPC, Sections 7 r/w 8, 10 r/w 9(m) of the POCSO Act and Sections 3(1)(w)(i), 3(1)(w)(ii),

3(2)(Va) of the SC/ST POA Act, 1989.

The substance of the allegation is that the appellant had taken the minor girl to the terrace of his own house at Maramkode, made sexual

advancements against her after trying to denude her. When the child had escaped from his custody and run away to her house in the neighbourhood,

he chased her by trespassing upon their property and called her through the window. The appellant was arrested on 21.01.2021 and since then is in

judicial custody.

The application for bail moved before the Special Court was dismissed by the impugned order dated 09.02.2021.

Notice was issued to the victim as provided under Section 15A(5) of the Act. On receipt of notice, a counsel has entered appearance for the victim.

The learned counsel on both sides were heard. According to the learned counsel for the appellant, there is no allegation of any aggravated sexual

offence against the victim, that she has not suffered any injury, investigation is almost over, that the appellant is in custody for more than 48 days, he

has two small children and also to look after his mentally re-tarted sister.

On the other hand, the learned counsel for the victim submitted that the father of the victim is no more, the victim is being maintained by her mother

who is a housemaid; they reside about two kms. away, the mother goes for work after taking the child to her sister's house and the appellant is the

neighbour of that house; after the incident, the child is in a very frightened condition; they are afraid of the appellant.

The victim is a 11 year old girl. There are prima facie reasons to think that the appellant had made advances against the child with clear intention of

abusing her sexually. The place of occurrence is the terrace portion of the residential building of the appellant. The victim is a contemporanean of the

children of the appellant. It is patent, at least for the present, that he had approached the child with malicious and corrupt intention to ravish her.

The learned Public Prosecutor is not in a position to state the stage of investigation. But it is evident that final report is not yet filed. In the said

circumstances and having regard to the submission of the learned counsel for the victim, that they are in a very traumatic stage after the incident, it is

not in the interests of justice to release the appellant on bail. The allegations and the gravity of the offence also desist the Court from considering the

application for bail at this stage. The learned Special Judge has dismissed the application for bail, taking into consideration all relevant aspects. There is

no reason to interfere with the order.

The appeal is dismissed.