MURALI KRISHNAN N Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.1003/2021 of Thamarassery Police Station, Kozhikode District alleging commission of offences under Sections 450, 342, 376(2)(1) and 376(2)(n) of the Indian Penal Code.

(2.) The allegation against the petitioner is that on 4.9.2021 at about 14.00 hours and even on previous occasions, the petitioner committed sexual assault on the de facto complainant, who is stated to be a mentally retarded person and also committed rape on her. The petitioner was arrested on 11.9.2021 and has been in custody ever since.

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent of the allegations and that he has not committed the offences as alleged. It is submitted that one Ayoob, cousin brother of the de facto complainant trespassed into the house of the petitioner and brutally assaulted him with deadly weapons. He submits that 85 year old mother of the petitioner was also attacked by the aforesaid Ayoob and others. He submits that on the basis of the complaint given by the mother of the petitioner, Annexure-B FIR was registered at the Thamarassery Police Station on 11.9.2021 at 6 p.m. It is submitted that the petitioner suffered serious injuries as can be seen from Annexure-A documents. It is submitted that the FIR, which led to registration of Crime No.1003/2021 of the very same Police Station was registered on 11.9.2021 at about 9.06 p.m. 0nly as a counterblast to the complaint filed by the mother of the petitioner.