JAYARAJAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.82/2023 of Vanitha Police Station, Malappuram alleging commission of offences punishable under Ss. 376, 354, 354A (1)(i), 354 A (2), 354 D, 506 of the Indian Penal Code.

(2.) The allegation against the petitioner who was working as Panchayat Secretary is that the petitioner committed rape and he also sexually assaulted the victim who was working as a clerk in the Panchayat office.

(3.) The learned counsel appearing for the petitioner would submit that even assuming that all the allegations in the first information statement of the victim are correct it can only be a case of consensual relationship. It is submitted that the allegations which led to registration of Crime No.82/2023 relate to the year 2019 and a crime was registered against the petitioner only after nearly 3 - years. It is submitted that the de facto complainant / victim is a married lady having two children. It is submitted that in the year 2020 the petitioner was working at Perumpadappu Grama Panchayat and during general transfer the de facto complainant / victim had even requested for a transfer to the said Panchayat. It is submitted that since the allegation relates to the period prior to that the act of the de facto complainant / victim in seeking a transfer to Perumpadappu Grama Panchayat in the year 2020 at a time when the petitioner was working there as Secretary clearly indicates that the relationship, if at all, can only be consensual. It is submitted that the petitioner has been in custody from 22/9/2023 and the continued detention of the petitioner is not necessary in the facts and circumstances of the case.