NOWFAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal under Section 14A(2) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is filed, challenging the order by which the Sessions Court, Pathanamthitta dismissed the appellant's bail application. Appellant is the sole accused in Crime No.2058 of 2020 of Pandalam Police Station, registered for offences punishable under Sections 366, 342, 323, 354, 354B and 376 of IPC. The crime was registered on the basis of the victim's statement that the appellant had raped her while she was travelling to the Hospital for Covid-19 Patients in the appellant's ambulance. According to the victim, she had tested positive of Covid on 5.9.2020 and was taken to the Adoor General Hospital. From there, the victim and an aged lady were sent to the Special Hospital for Covid Patients in the ambulance. The aged lady was dropped at a hospital in Kozhenchery and the ambulance proceeded with only the victim and the appellant in it. The time was approximately 11.30 p.m on 5.9.2020. After travelling some distance, the ambulance stopped at an isolated place and appellant came into the rear portion of the ambulance where the victim was sitting and committed rape, paying no heed to her protests and cries for help. Thereafter, the appellant drove the ambulance upto Archana Hospital and the victim was forced to alight. On reaching the hospital, the victim narrated the incident and on the advice of the hospital authorities, gave statement to the Police over telephone, resulting in registration of the crime, followed by the appellant s arrest on 6.9.2020 and his remand to judicial custody.

(2.) The learned Sessions Judge, after detailed consideration of all relevant facts and circumstances and the contentions put forth, and after hearing the victim, dismissed the bail application.

(3.) Heard Sri.Omar Salim, learned counsel for the petitioner and Smt.Ambika Devi, learned Special Public Prosecutor for Offence against Women and Children.