MUHAMMED SHAMIL V.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) This regular bail application is at the instance of the sole accused in Crime No.125 of 2024 of Kozhikode Town Police Station, Kozhikode, registered for the offences punishable under Ss. 376(2)(n) and 376D of the Indian Penal Code

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the relevant documents form part of the case diary.

(3.) Precisely stating the prosecution allegation is as under: The defacto complainant is a woman with mild intellectual disability. The 1st accused befriended the defacto complainant in 2022 and at the request of the 1st accused, the defacto complainant, a native of Kunnamangalam, reached Kozhikode one day and the 1st accused took the mentally retarded defacto complainant on a scooter to a lodge situated near Kozhikode railway station by name Darvesh Residency and at Room No.103 of the said lodge, the 1st accused committed rape on the defacto complainant and subsequently on the same day the 2nd accused also committed rape on the defacto complainant. It is further alleged by the prosecution that the 1st accused again brought the defacto complainant to the very same lodge on a later date and again committed rape on her and impregnated her and thereby the defacto complainant delivered a child on 16/9/2023. Hence, according to the prosecution, the 1st accused has committed the aforesaid offences.