MUHAMMED RAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application for regular bail.

(2.) Petitioner is the accused in Crime No.96/1999 of Vellarikundu police station, Kasargode district, alleging commission of offences under Sections 366(A) and 376 r/w. Section 34 of the Indian Penal Code.

(3.) The allegation against the petitioner is that in the month of September, 1998, the petitioner along with two others came in an autorickshaw and convinced the victim that her mother is in hospital and took her in the autorickshaw to a secluded place and committed rape on her. The autorickshaw driver was arrayed as the first accused , the petitioner as the 2nd accused and one other person named Rejikumar was arrayed as the 3rd accused. The petitioner absconded and the charge against him was split up. The case is now pending as S.C. No.436/2021 on the file of the Additional Sessions Court-I, Kasargod. Trial proceeded against the original accused Nos.1 and 3. The autorickshaw driver, the 1st accused was acquitted by the trial court and the original 3rd accused-Rejikumar was convicted. On appeal, this Court found in favour of Rejikumar and acquitted him. The judgment is placed on record as Annexure-I.