IIANGESWARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is the first accused in Crime No.664 of 2014 of Sulthan Bathery Police Station, has preferred the above Crl.M.C. under Section 482 of the Cr.P.C. A recital of the prayers in the above Crl.M.C. is absolutely necessary to indicate its legal bearing and implication and accordingly, the same are as follows:

(2.) The above crime was registered in the Sulthan Bathery Police Station, on receipt of a complaint i.e., CMP No.4641 of 2014 which was sent from the Judicial First Class Magistrate Court-I, Sulthan Bathery under Section 156(3) of the Code of Criminal Procedure (for short "the Cr.P.C.") for investigation, which was filed by the second respondent herein. Accordingly, the said crime was registered for the offences punishable under Sections 341,376,506 and 34 of the Indian Penal Code and Section 66E of the Information Technology Act.

(3.) The crux of the allegation is that on 9.12.2012, the de facto complainant, who was working as an agent of Life India Children's Birthday Fund was made believe by the accused two in numbers that they are ready to spend Rs. 50,000/- for taking policy of Life India Children's Birthday Fund and thus, while they were coming together to Bathery, after about 15.00 hrs., at Bathery Beenachi, the accused Nos.1 and 2 committed rape on the de facto complainant and they took obscene pictures of the de facto complainant in their mobile phone and threatened her that if the incident was disclosed to anybody, she would be finished off. Thus, according to the de facto complaint, the accused two in numbers of which the petitioner is the first accused, have committed the aforesaid offences. On registering the above crime, the Police machinery set in motion. It is at this stage, the petitioner has preferred the above Crl.M.C. with the above referred prayers.