LINISH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No.880/2012 of Chathanoor Police Station who is alleged to have committed the offences punishable under Sections 363, 323, 376 read with Section 34 of Indian Penal Code and Section 66E of the Information Technology Act. The allegation against the petitioner and the co accused is that on 31.05.2012, they asked the victim to come to a particular place from where she was picked up and ravished. It is also alleged that they had taken the photographs of the same and threatened the victim with dire consequences if she revealed the incident to anybody.

(2.) The petitioner would say that he is innocent and has been falsely implicated in the matter. According to him, he has not committed any act which would constitute an offence. At any rate, according to him, he has been in custody from 13.05.2013 onwards and his continued custody is unnecessary.

(3.) Learned Public Prosecutor opposed the petition and reminded this Court that the offences attributed to the petitioner are grave and serious in nature. According to the learned Public Prosecutor, the petitioner deserves no leniency in the matter. It is also pointed out that the investigation is going on.