BEFORE THE HONOURABLE FAST TRACK SPECIAL

JUDGE’S COURT (POCSO), THRISSUR

SC 586 / 2022

State of Kerala Complainant

Jayesh
Accused

STATEMENT FILED UNDER SECTION 313(5) OF THE CRIMINAL

PROCEDURE CODE BY THE ACCUSED

I’m the sole accused in the present case. I’m a manual labourer by profession and I
have very low income. My family consist of my unemployed wife, unemployed,
old age and ailing mother, daughter aged 4 months. I’m the sole bread winner of
my family, and the entire family members are dependent on me for livelihood.

The present case filed against me is nothing but a falsely fabricated one due to
misunderstanding and wrong identity. Material facts are suppressed while filing the
present case. I have not committed any offence as alleged by the police.

The real FIS has been clandestinely suppressed in the present case. It is after much
after though and embellishment that the present FIS in the produced in the present
case in a fabricated manner. There is considerable delay in lodging the FIS and
sending the FIR forthwith, all which implies manipulation.

The investigation officer has deliberately omitted to record the statements of

crucial witnesses. The police have wrongly identified the car allegedly involved in
the present case, if they had conducted investigation in real manner my innocence
would have been revealed. Even as per the prosecution case, the identity of the car
as stated by the victim is not the one which is recovered. The victim in the present
case has no prior acquaintance with me. There are thousands of people in my
locality who look like me, with similar features. The FIS in which the victim had
allegedly told the identifiable features of the real culprit is also suppressed by the
prosecution. The entire story regarding my arrest is suppressed from this Hon’ble
Court. I was illegally detained by the police and falsely fabricated in the present
case. Even going by the case of prosecution, I was arrested on the next day of the
incident. However, the victim was already shown the real culprit according to her.
This means, I’m not the real culprit.

The testimony of the victim is full of material omissions and contradictions which
proves my contention that the present case is a falsely fabricated one. The victim in
the present case is prone to tutoring and make beliefs. The prosecution witnesses
have no consistent case.

I have not done any offence as alleged by the prosecutrix or the prosecution. I’m
innocent. It is travesty of justice that I was falsely implicated in the present case.
I’m no criminal and I have no prior criminal antecedents. I’m a family man and a
law-abiding citizen. The entire investigation in the present case was done in a false,
fabricated and prejudicial manner. Had the case been investigated fairly, my
innocence would have been revealed.

Hence, it is my humble request that, this Hon’ble Court may be kind enough accept
this statement filed by me and may kindly acquit me, in the best interest of justice.
The above statement which is read over, translated and explained to me are true to
the best of my knowledge and belief.

Dated this the 20th day of July 2023

Accused : Jayesh
 BEFORE THE
HONOURABLE FAST
TRACK SPECIAL
JUDGE’S COURT
(POCSO), THRISSUR
SC 586 / 2022

Complainant
State of Kerala

Accused
Jayesh

STATEMENT FILED UNDER

SECTION 313(5) OF THE
CRIMINAL PROCEDURE
CODE BY THE ACCUSED