SAIDH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the second accused in S.C.No.556 of 2018 on the file of Fast Track Special Court, Thrissur, which arose out of crime No. 1727 of 2016 of Thrissur East police station.

(2.) Crl.M.P.No.142 of 2021 was filed for discharge under Sec. 227 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The case was charge sheeted for the offence punishable under Ss. 376(1), 384 and 509 of Indian Penal Code, Sec. 66(E) of the Information Technology Act, 2000, Sec. 120 (o) of the Kerala Police Act (in short KP Act), Sec. 14 of read with 13 and 15 of Protection of Children from Sexual Offence Act, 2012 (in short ' the POCSO Act').

(3.) The prosecution case is that one day in March 2012, the first accused trespassed into the house of CW1 at Nakheer at Ras- al-khaimah in UAE at about 11.00 p.m. during night while CW2, the daughter of CW1 was alone in the house and with the intention and preparation to sexually assault her, knowing that she is a minor girl and promising to marry her committed rape upon her and also copied the sexual abuse with the intention of blackmailing CW1, in the mobile phone. Subsequently, the first accused conspired with the second accused and on 11/5/2016 at 01.36 hours, put SIM card with No. 8136535539 brought by the second accused in the mobile phone of the first accused and through data cable connected with IKON-A 801 tab, activated WhatsApp in the tab and send those video clippings to mobile No. 971506276235 used by CW1. Thereafter, the second accused called to 971506276235 used by CW1 on 11/5/2016 at about 14.45 hours and on 13/5/2016 at about 20 hours and threatened to publish the above video in social media, if he did not pay 6 lakhs Dirham and thereby accused committed offence aforementioned.