MUHAMMED FAYIS K.T. Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the sole accused in Crime No.292/2024 of the Kalikavu Police Station, Malappuram, which is registered against him, for allegedly committing the offences punishable under Sec. 302 of the Indian Penal Code (in short IPC) and Sec. 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015. The petitioner was remanded to judicial custody on 26/3/2024.

(2.) The gravamen of the prosecution case is that: in 2020, the accused fell in love with a lady named Shahabanath (lady, in short), a mentally retarded woman having 40% disability. In October, 2020, the accused raped the lady on a false promise of marrying her. The lady turned pregnant. But, the accused openly proclaimed that he was not responsible for the pregnancy and he refused to marry the lady. He also said that he had not attained the marriageable age. On 3/8/2021, the lady gave birth to a baby girl, who was named Fathima Nazarin @ Jesnamol (deceased). The accused suspected the paternity of the child and repeatedly compelled the lady to undergo a DNA test, to prove the paternity of the child. On 13/1/2023, the lady filed a complaint before the Pookkottumpadam Police Station and Crime No.20/23 was registered against the accused for committing the offences punishable under Ss. 450 and 376 (2)(l) of IPC. After the registration of the crime, the accused stated that he was willing to marry the lady. Then, the accused met with a major accident and suffered serious injuries. After that, the accused married the lady without conducting the DNA test of the child. Even after the marriage, the accused refused to take the lady and the child to his house at Kalikavu. Subsequently, the lady gave birth to the second child of the couple. The lady and the two children stayed in her parental home at Karulai. The lady approached the Kalikavu and Pookkttumpadam Police Stations for getting maintenance from the accused. Immediately, on 23/2/2024, the accused took the lady and the two children to his house. On 24/3/2024, at 13:30 hours, the accused brutally assaulted and inflicted fatal injuries on the deceased. Even though the deceased was taken to the NIMS Hospital, Wandoor, the child was declared brought dead. The relatives and neighbours of the child raised a suspicion that the deceased had been murdered by the accused because they have witnessed the accused brutally assaulting the deceased. Thus, the accused has committed the above offences.

(3.) Heard; Sri.B.A.Aloor, the learned counsel appearing for the petitioner and Sri.C.K.Suresh, the learned Public Prosecutor.