PRADEEP M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) This writ petition has been filed to quash all further proceedings in Crime No.303 of 2020 of Moozhiyar Police Station, Pathanamthitta.

(2.) The petitioner is the accused. The 3rd respondent is the victim. The petitioner is alleged to have committed offences punishable under Ss. 342, 354C, 366, 376(2)(n) of the IPC and 119(b) of the Kerala Police Act.

(3.) The 3rd respondent is a nursing student. The petitioner is a close friend of the father of the 3rd respondent. Admittedly, the petitioner and the 3rd respondent were known to each other. According to the 3rd respondent, on 14/4/2020, the petitioner sent an SMS to her mobile phone. Thereafter, they started to interact with each other and they fell in love. It is the case of the 3rd respondent that the petitioner agreed to marry her. According to the prosecution, at the instance of the petitioner, the 3rd respondent went to a quarantine centre at Nilakkal, Angamoozhy for duty. The petitioner was also at the quarantine centre for duty. It is alleged that, on 27/5/2020, the petitioner forcefully caught hold of the 3rd respondent and took their photographs. It is further alleged that, while undergoing quarantine in the same centre from 18/6/2020 to 1/7/2020, they had sexual intercourse several times on a promise of marriage given by the petitioner and further the petitioner copied the image of their sexual act in his mobile phone. This is the sum and substance of the prosecution allegation.