THAMPI Vs. STATE OF KERALA AND ORS

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.316/2013 of Palode Police Station who is alleged to have committed the offfence punishable under Section 376 of Indian Penal Code. The allegation against the petitioner is that while the victim was working as maid servant in the house of the petitioner, she was subjected to forceful sexual intercourse with the petitioner and she became pregnant.

(2.) The petitioner points out that he is innocent and has been falsely implicated in the matter. It is also pointed out that even assuming what is stated in the First Information Statement is true, no offence under Section 376 IPC is made out. It could be seen from the statement given to the learned Magistrate under Section 164 Cr.P.C that no ingredients of offence of rape are made out. It is also pointed out that the petitioner has been in custody from 06.06.2013 onwards and his continued custody is unnecessary.

(3.) Learned Public Prosecutor opposed the petition and pointed out that the investigation is going on.