ALFONSA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the second accused in SC.No.153/2016 pending before the Additional District and Sessions Court-II, Kottayam, arising from Crime No.1414/2013 of Changanacherry Police Station, for offences punishable under Sections 376 , 377 , 506(1) read with Section 34 of the Indian Penal Code.

(2.) The prosecution allegation is that the first accused who is the son of the petitioner herein, with the intention to have sexual relationship with the defacto complainant, who is the second respondent herein, made a false promise to marry her and under the colour of the false promise raped her on various occasions at different places at Bangalore, as well as at Changanacherry, during the period from 1.12.2011 to 5.12.2012. Thereafter, first accused withdrew from the promise. The defacto complainant along with her mother went to the house of the accused at Changanacherry on 5/11/2012 at 6.30. pm to meet the parents of the first accused and to complain about the conduct of the first accused. From there, the second accused allegedly committed criminal intimidation by threatening the defacto complainant that she will be killed. The defacto complainant and her mother returned from the house. Thereafter, alleging that the first accused on a false promise to marry, committed rape on her and thereafter both accused committed criminal intimidation and thereby they committed the offences punishable under sections 417 , 376 , 377 , 506(1) and 34 of the Indian Penal Code, a private complaint was laid by the defacto complainant. Crime was registered against the petitioner and her son. After investigation, final report was laid. Both accused appeared and pleaded not guilty. Charges were framed on 27.7.2018. The present Crl.M.C is filed by the petitioner to quash the above proceedings as against the second accused.

(3.) Heard the learned counsel for the second accused, the learned counsel for the defacto complainant and the learned Public Prosecutor.