ISMAIL. P.K Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 6th accused in Crime No.172/2022 of Kasargod Vanitha Police Station. The offences alleged against the petitioner and other accused are under Ss. 370 A(2), 376 D, 109 of the Indian Penal Code.

(2.) The prosecution case is that on 17/12/2022, the accused Nos.2 and 3, with the aid and assistance of the accused No.1, brought the defacto complainant to a lodge at Uduma where the accused Nos.4 to 6 committed rape on her. The petitioner was arrested as part of the investigation on 26/12/2022, and since then, he is under judicial detention. The learned counsel for the petitioner submits that the petitioner is innocent of the allegations. It is further contended that even going by the allegations against the petitioner, it would not make out an offence of rape but it is only a consensual sex.

(3.) On the other hand, the learned Public Prosecutor would oppose the said contentions. It is pointed out that this is a case in which the victim aged 19 years, was taken to various places by accused No.1 and was presented to various persons for sexual exploitation. The prosecution also alleged that some of the accused persons had administered drugs to the victim, and the sexual intercourse was made under the influence of the same.