RAHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Bechu Kurian Thomas, J, 1. This is an application seeking regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the sole accused in Crime No.1189/2021 of Mananthawady Police Station, Wayanad District, now pending as SC.No.118/2022 on the files of the Additional Sessions Judge-II, Kalpetta, Wayanad. The offences alleged are under Ss. 312, 313, 314, 315, 376(2)(1) and (j) and 302 of the Indian Penal Code, 1860 and Sec. 92(b) of the Rights of Persons with Disabilities Act, 2016.

(3.) The prosecution case is that the accused developed intimacy with the deceased and thereafter committed rape on her and subsequently, when she conceived, he mixed poisonous insecticide with orange juice with the intention to kill the child in the womb and the deceased. After the deceased consumed the orange juice, the pregnancy was aborted and later the victim also succumbed. The petitioner was arrested on 27/11/2021.