ASHRAF K.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 439 of Criminal Procedure Code (Cr.P.C.) was heard through Video Conference.

(2.) The Petitioner is the accused in Crime No.539 of 2020 of Padinharathara Police Station, Wayanad District. The above case is registered against the petitioner alleging offences punishable under Sections 366 , 376(1) , 376(2)(n) , 313 and 506 of the Indian Penal Code (IPC).

(3.) The prosecution case is that, the petitioner committed rape on the victim on a promise that, he will marry her. Subsequently, the petitioner withdrew from the promise. It is alleged that, the petitioner abducted the victim on 20.3.2020 and took her to a rented house at Kappikkalam. It is also alleged that, on 28.3.2020, the petitioner threatened her and committed sexual intercourse without her consent. The prosecutrix became pregnant because there was continuous sexual intercourse from the side of the petitioner. It is alleged that, in the month of June, 2020, the petitioner forcefully aborted her pregnancy. Hence, it is alleged that, the accused committed the offence.