XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, by the petitioner herein, who is the accused in Crime No.636/2018 of Chakkarakkal police station, Kannur, now pending as S.C.No.893/2019 on the files of the Sessions Court, Thalassery and the prayer herein is as under:

(2.) Heard the learned counsel for the petitioner, the learned counsel appearing for the de facto complainant and the learned Public Prosecutor. Perused the relevant records.

(3.) The prosecution case emanated pursuant to lodging of First Information Statement by the de facto complainant on 1/11/2018 before the Women Police Constable, attached to the Chakkarakkal police station, Kannur, alleging that, on a day during August, 2018, while the daughter and grand son of the de facto complainant gone for job at about noon, the accused, who is a neighbour of the de facto complainant, entered into the center hall of the house through the front door and closed the front door; and then he caught hold on the de facto complainant by force and taken her to the bedroom, though she resisted. She was subjected to molestation and forceful sexual intercourse, by removing her blouse, holding on her breast and putting his penis into her vagina. Accordingly, the prosecution alleges commission of offences punishable under Ss. 450, 354B and 376 of the Indian Penal Code (for short, 'the IPC' hereinafter).