SHEEBA MOL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.2 among the two accused in the instant Crime No.1041/2019 of Vellarada Police Station, which has been registered for offences punishable under Secs.376, 506(i) and 34 of the IPC. The crime has been registered on the basis of the FIS given by the lady victim aged 20 years on 4.11.2019 at about 4.45 pm in respect of the alleged incidents which happened on 6.9.2019 at about 6 am. The petitioner (A2) has been arrested in this case on 5.12.2019, and after her remand, she has been under detention since then. The prosecution case in short is that the petitioner herein (A2) now aged 46 years is the mother of the lady victim aged 20 years, and that the petitioner herein is a lady of loose morals, and therefore the victim's father was constrained to divorce the mother (A2) and she has been living separated from the father of the victim, and she has relationship with various other men, and off late, she was having an illicit affair with A1 herein, who is a police man, and he was constantly residing with her most of the time. The lady victim was earlier given on marriage, and she had given birth to a child very recently and in connection with her pregnancy and post-delivery care, she was constrained to stay with the mother (A2) and A1 had come there quite a few occasions and had tried to sexually assault and molest her, which she resisted and A2 was constantly warning the victim that it is better in the interest of victim that she co-operates with A1 and to succumb to his sexual demands, which the victim consistently refused.

(2.) The further case of the prosecution is that on 06.09.2019, the prosecution would state that on 6.9.2019 at about 6 am, when she woken up she found that A1 had come near her and then had sexually assaulted her and had forcible sexual intercourse with her, which she tried to resist, and then the petitioner herein (A2) who is the mother of the victim had also persuaded the victim to co-operate with A1 to have sexual intercourse, and when the victim resisted, A2 had caught hold of her hands and facilitated A1 to have forcible sexual intercourse with the victim. She was suffering from the "shock and awe" of the rape incident, not only in regard to the rape committed by A1, but also that the offence of rape was in fact aided and abetted by none other than A2, who is her mother. A1 is a Police Constable belonging to the Kerala Police Force and he had threatened and intimidated her, and out of fear and shame she did not had the courage to disclose the incident to anybody. Later, she had no other alternative, but to report to the police, as she feared that such incidents might again be repeated.

(3.) It is urged by Sri.S.Nikhil Sankar, learned counsel appearing for the petitioner that now 89 days have elapsed after the remand of the petitioner on 05.12.2019 in this case. That even till date, the investigating agency has not filed final report/charge sheet in this case before the Jurisdictional court below concerned and it is highly unlikely that the investigation agency will be able to file final report/charge sheet within the next one day after completing all the procedural formalities. Hence, it is submitted on behalf of the petitioner, that even without examining the merits of the case, the petitioner is even otherwise entitled to be released on statutory default bail, in view of the mandatory provisions contained in proviso to Sec. 167(2) of the Cr.P.C.