V.MADHUSOODHANAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita ('BNSS' for short), seeking to quash Annexure AII final report and all further proceedings in C.C.No.1505 of 2023 on the files of Judicial Magistrate of First Class-II, Hosdurg.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor in detail. Perused the impugned order.

(3.) The prosecution case herein is that at 20.40 hours on 29/4/2023, the accused herein forcefully compelled the defacto complainant to drink beer and lie along with the accused, and spoke against her with sexual intent when the defacto complainant reached the central hall of the house of the accused for having food and thereby committed offences punishable under Ss. 354A(1)(ii) and 354A(1) (iv) of the Indian Penal Code ('IPC' for short). The specific allegation is that the accused herein, who was a retired Deputy Superintendent of Police (Dy.S.P), brought the presence of the defacto complainant at his house for stay on 29/4/2023 through one Chandran with offer to provide the defacto complainant an opportunity to act in an Album. The defacto complainant reached the residence at 4.30 p.m and Chandran left the place on dropping her at the house. While she was eating food, which she purchased from outside, the accused reached there and asked about the details of the journey and also asked whether she would like to have beer. Then he compelled her to drink beer and started to comment on her belly and asked her to show her belly. When the defacto complainant opposed the same, he continued to speak about sexual aspects and asked her to show various photographs of the defacto complainant. He also asked whether her breasts were original and told her about use of condom by the students in the nearby University. Thereafter, the accused reached the room where the defacto complainant was sleeping at 8.30 hours and requested her to lay along with him in his room where A/c is available, since no A/c was available at the room of the defacto complainant. Then he compelled her to lay along with him and the defacto complainant questioned the same. He told her not to disclose his overtures to anybody. But on the very next day, this crime was registered alleging commission of the above offences, recording the statement given by the defacto complainant.