MUHAMMED RAFI @ MANU Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.63/2014 of Kalpakanchery Police Station, Malappuram District. The offences alleged against him are punishable under Secs. 511 of 376, 506(i) and 392 of IPC and Sec. 66E of Information Technology Act. It is alleged that on 22.1.2014 at about 8 PM, the petitioner went to the house of the complainant, caught hold of her and attempted to have sexual intercourse with her without her consent and against her will. It is alleged that the accused lay upon her, tore the maxi and skirt and kissed her. It is stated that the aforesaid acts were photographed by the accused using his mobile phone. The further allegation is that the gold chain worn by the complainant was forcibly taken away by the accused.

(2.) Learned counsel for the petitioner submits that raising exactly similar allegations, earlier a crime was registered against the petitioner. As against that, the petitioner moved Crl.M.C.No.2520/2013 before this Court, where, the offences alleged were punishable under Secs. 384, 450 and 511 of 376 of IPC. In fact that case was pending before the Addl. Sessions Court (Adhoc-II), Manjeri as S.C.No.178/2013. After hearing the de facto complainant, this Court quashed the further proceedings in that case. But that case was quashed since the dispute between the parties was settled.

(3.) Learned counsel for the petitioner submits that the present complaint is a verbatim reproduction of the earlier allegations except for making slight changes. According to the learned counsel, making slight changes in the earlier complaint, the present complaint was given, which itself will falsify the allegations made by the complainant.