LAWS(KER)-2024-7-78

NOUSHAD THEKKAYIL Vs. STATE OF KERALA

Decided On July 11, 2024
Noushad Thekkayil Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) Accused Nos.1 and 2 in Crime No.786/2019 of Kunnamangalam Police Station, Kozhikode seek the relief of quashment of the above said Crime where the prosecution alleges commission of offences punishable under Ss. 448, 323, 354, 427 read with 34 of the Indian Penal Code.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the records produced by the learned counsel for the petitioners and the final report in the present crime.

(3.) As per the final report, the prosecution allegation is that, in between 20:30 hours and 21:30 hours, the accused herein trespassed upon the residence of the defacto complainant due to animosity arose out of an occurrence whereby the 2nd respondent was beaten by the brother of the husband of the defacto complainant and broken the glasses of windows of the house. Further, they attacked the defacto complainant when she was alone in the house and they caught hold on the chest of the defacto complainant with intention to outrage her modesty. This is the base on which the prosecution alleges commission of the above offences.