XXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is arraigned as the 2nd accused in Crime No. 616 of 2020 of Changaramkulam Police Station in Malappuram District registered for the offences punishable under Sections 354A, 376(2)(1), 506 and 109 read with Section 34 of Indian Penal Code, has filed this application apprehending arrest.

(2.) The prosecution allegation is that the defacto complainant who is having slight mental retardation has been married to this petitioner on 04.04.2019. After the marriage, she went along with him to Gulf, his work place and was residing with him. While so, the 1st accused who is the husband of the 3rd accused (the sister of this petitioner) had committed rape on her. When the said fact was revealed to the petitioner, he did not object the same, but facilitated the 1st accused to commit rape on her repeatedly, ignoring the fact she is suffering from mental disability. As she was residing in the residential house of the 3rd accused and the 1st accused, she was helpless and she was not getting any support from her husband, the petitioner. Thus, this petitioner has committed the aforesaid offences.

(3.) The learned counsel for the petitioner has submitted that the allegations levelled against him are absolutely false and baseless. In fact, it was the third marriage of the defacto complainant with this petitioner and his second marriage. She was residing along with this petitioner and was leading a happy marital life. The fact that she was having slight mental retardation was not disclosed to him by her parents, still, he was adjusting with the life with her without any problem. But after her return to her native place, she raised the false allegation against this petitioner and thereby he has been arraigned as the 2nd accused in the crime registered against the 1st accused and the 3rd accused. He is totally innocent of the allegations, but he apprehends arrest and hence this application.