AKHIL VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1734/2021 of Perumbavoor Police Station, Ernakulam District. The allegation against the petitioner is that he assaulted the victim by pretending to be in love with her and on 18/8/2020 he forcefully took her away from her house and committed rape on her at a building under construction in the locality. It is alleged that the petitioner also took photographs of the victim and the used the same to threaten her and continue the sexual assault on the victim.

(2.) The learned counsel for the petitioner submits that the petitioner has been in custody from 19/9/2021 and that the petitioner is an absolutely innocent of all the allegations leveled against him. It is submitted that the petitioner and the victim girl were in love and the sexual relationship between them was purely consensual.

(3.) The learned Public Prosecutor, on instructions, would submit that the petitioner is a married man and he had pretended to be in love with the victim and had sexually abused her several times by threatening her after stating that he would reveal her nude photographs to others. It is submitted that the petitioner is accused of serious offences under Ss. 363, 342, 354(D) and 376 of the Indian Penal Code. It is also submitted that it was the victim who withdrew from the relationship with the petitioner and thereafter, the petitioner continued to harass her, as a result of which, she was forced to file the complaint. It is also submitted that the petitioner is accused in five other cases, the details of which have been made available to me.