THOMASKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.23/2022 of Enath Police Station, Pathanamthitta district alleging commission of offences under Ss. 376(1) and 506(i) of the Indian Penal Code and Ss. 66(E) and 67(A) of the Information Technology Act.

(2.) The allegation against the petitioner is that, on 4/1/2022 at 10.00 AM, the petitioner committed rape of the defacto complainant and recorded it on his mobile phone and thereafter threatened the defacto complainant that the video recording will be shared on social media. It is also alleged that that the petitioner threatened the defacto complainant by stating that if the incident is revealed to anyone, the daughter of the defacto complainant will also be raped in a similar manner.

(3.) The learned counsel for the petitioner submits that the petitioner is absolutely innocent in the matter. It is submitted that the petitioner is a 62 year old man. It is submitted that even going by the contents of the FIS, any relation between the petitioner and the defacto complainant was purely consensual. It is submitted that the issue arose on account of the fact that the petitioner had shared the intimate video accidentally on a group. It is submitted that even that video itself suggests that there was no element of rape involved. It is submitted that the allegations of threat are cooked up. It is submitted that the petitioner has been in custody for 74 days and his continued detention is not necessary for the purposes of any investigation.