MANUMOHAN.M Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.394/2021 of Chavara Thekkumbhagam police station, Kollam district which is registered under Sections 376(1), 354A IPC and Section 5(1), 6 of the Protection of Children from Sexual Offences Act, 2012.

(2.) It is alleged that the accused with the intention and preparation to commit rape upon the minor de facto complainant took her from Pallikode bus stop at Thekkumbhagom in a car and brought her to St.Antony's School, Neendakara in connection with the scientific meet at school and thereafter took her to Kottankulangara and committed rape upon her while travelling in the car by giving beer to her. Subsequently on another day also, he sexually assaulted her and thereby committed the offence aforementioned. Petitioner was arrested on 18.6.2021 and thereafter he has been under confinement. Hence the petition.

(3.) According to the learned counsel for the petitioner, petitioner is a soldier in Indian Army working as Naik and has no criminal antecedents. He has no connection with the de facto complainant. Actually she had a relationship with one Akhil Raj and along with him victim went to Ernakulam on 17.6.2021 and a complaint for man missing was filed by her mother before the 2nd respondent and the said Akhil Raj was arrested and crime was registered against him. It is alleged that at the time of medical examination, she revealed about this act of rape at the instance of the petitioner. Petitioner/accused is a married man and his wife is suffering various types of diseases. Annexure A5 is the copy of medical records pertaining to his wife issued from Sree Chitra Tirunal Institute of Medical Sciences and Technology, Trivandrum, which would show the diagnosis as chronic Thromboembolic Pulmonary Artery Hypertension etc.