Justice Kauser Edappagath observed that the alleged victim had reported the incident to the police more than five years after it had supposedly occurred. The judge also noted that the complaint filed against the accused was for a different offense, namely Section 326 of the Indian Penal Code, and did not mention any rape allegations in the year 2017. The complaint was registered against the victim the day after the accused filed a complaint.
According to the facts presented, the petitioner is accused of sexually assaulting his sister-in-law on three occasions while his wife was hospitalised for childbirth. The petitioner was charged with offences under Sections 354 and 354A of the Indian Penal Code, as well as Sections 9(I)(n), 10, 6, and 5(I)(n) of the POCSO Act. The petitioner’s lawyer, Advocate Navaneeth N. Nath, argued that his client had been falsely accused, and there was no evidence linking him to the alleged crime.
The Public Prosecutor V.S. Sreejith argued that the petitioner had committed the alleged crime intentionally and therefore was not eligible for bail. However, the court observed that the victim had reported the incident for the first time more than five years after it had supposedly occurred, and there was no mention of rape in the complaint. Additionally, the petitioner had filed a complaint against the victim, and a crime was registered against her as well. The court noted that the petitioner gave a statement to the police only after this incident.
The court expressed doubts about the authenticity of the prosecution’s case, given the sequence of events. Although the petitioner has a history of being a habitual offender and is involved in ten other cases, the court noted that he had been in custody for over 35 days and found the prosecution’s version to be dubious. Consequently, the court granted bail to the petitioner under certain conditions, such as executing a bond of Rs.1,00,000/- and providing two solvent sureties for the same amount, to the satisfaction of the jurisdictional Magistrate/Court.
Source: https://www.livelaw.in/news-updates/kerala-high-court-pocso-act-accused-bail-doubting-fabrication-prosecution-case-223370