MUHAMMED SHIFAS Vs. STATE OF KERALA

JUDGEMENT

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

(2.) Petitioner is the accused in Crime No.1017/2020 of Njarackal Police Station. It was initially registered at Munambam Police Station and subsequently transferred to Njarackal Police Station. (It is wrongly mentioned in the cause title of the Bail Application as Crime No.751/2020 of Munambam Police Station). The offences alleged against the petitioner are under Sections 370 , 376 , 376(2) (n), 509, 506 IPC and Section 6 r/w Section 5 , 5(l) , 13 , 14 and 15 of the Protection of Children from Sexual Offences Act 2012 (POCSO Act, 2012) and also under Section 66 (E) of the Information Technology Act.

(3.) The prosecution case is that the petitioner and the victim girl were in love. On 22.12.2018, the accused took her to a resort at Cherai beach under the pretext of giving her a birthday gift and committed forcible rape. It is also alleged that the petitioner captured nude photos of the victim. It is also alleged that he threatened her that if the incident is disclosed to anybody, he will circulate her nude pictures on social media. It is alleged that the petitioner committed rape on the victim girl about six occasions after that incident by showing the nude photos. It is also alleged that on 31.07.2020, the petitioner created a fake Facebook account by name 'Rilsila Richus' and posted the pictures of the victim and demanded Rs.1 lakh from the victim to delete the above-said photos.