MOOSA M.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 482 of the Code of Criminal Procedure, 1973, to quash Annexure AII Final Report in C.P.No.198/2021 on the files of the Judicial First Class Magistrate Court-I, Kasaragod, arose out of Crime No.101/2020 of Kasaragod Police Station. The petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor. No representation for the de facto complainant.

(3.) In this matter, prosecution alleges commission of offences punishable under Ss. 376(2)(n), 420, 506(i) and 427 of the Indian Penal Code. The prosecution allegation is that, the accused, who is a distant relative of the husband of the de facto complainant, offered the de facto complainant an employment in Dubai and accordingly, she was taken to Dubai on 1/2/2018. Thereafter, he failed to provide a permanent job and finally, a temporary job was provided. When she got salary therefrom, the accused obtained Rs.1.00 Lakh and failed to return the same. The further allegation is that, while the de facto complainant was employing at a saloon as a temporary staff, the accused brought her to one of his friend's house for taking food. Thereafter, she was given a juice and thereby, she became in a feeble stage, but she was not unconscious. At this stage, she was subjected to rape by the accused and when she cried, he replied that those were normal practices. Again, the accused called her to go out and when she refused, he sent a nude photo of the de facto complainant and threatened her to accompany him, unless the nude photo would be published and accordingly, on threatening her, she was subjected to rape again. As on 20/11/2018, she returned back to native place. Then, she demanded Rs.1.00 Lakh received by the accused and also Rs.6.00 Lakh earlier given for starting a saloon shop. The accused did not return the money. Accordingly, on recording the statement of the de facto complainant on 12/2/2020, this crime was registered.