XXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The de facto complainant in Crime No.2003/2017 of Palarivattom Police Station, has filed this revision petition, challenging the order dtd. 29/4/2023 of the Fast Track Special Court, Aluva, discharging the accused in the said crime. The offences alleged against the accused were under Ss. 376(2)(n), 294(b), 341, 323, 324, 452 & 506 of the Indian Penal Code, 1860 (in short, 'IPC').

(2.) The prosecution case, in conspectus, is as follows: The petitioner/de facto complainant was an employee in the supermarket run by the family of the accused. The accused, who belonged to the Muslim community, performed a ceremony of marriage with the de facto complainant on 29/12/2008, at Chottanikkara Temple, after getting a coupon for marriage from the said temple. Thereafter, without registering the above marriage, the accused and the de facto complainant started residing together as husband and wife. In the above wedlock, a child was born to them. At the time of school admission of the above child, there arose some issue with regard to the absence of a marriage certificate between the de facto complainant and the accused. At that time, the accused approached this Court, and consequent to the directions of this Court, the marriage between the de facto complainant and the accused was registered at the Sub Registrar Office concerned. Thereafter, the de facto complainant came to know that the accused was already married to another lady and he was having children in that marriage. When questioned about the above marriage, at a time when the accused was abroad, he threatened the de facto complainant that she and her child would be killed. Thus, the accused is alleged to have committed the aforesaid offences.

(3.) The Palarivattom Police, after investigation in the crime, had earlier filed a final report in respect of the commission of offences under Ss. 406, 354 & 506 IPC against the accused, and it was accepted to files by the Judicial First Class Magistrate Court-IX, Ernakulam, as C.C.No.69/2018. However, upon a complaint preferred by the de facto complainant before the higher police officials, further investigation was conducted, and the investigating agency filed a further report incorporating the offences under Ss. 376(2)(n), 294(b), 341, 323, 324, 452 and 506(i) IPC against the accused. The case was thus committed to the Sessions Court and made over for trial before the Special Court (Fast Track), Aluva. The learned Special Judge, after having the preliminary hearing as envisaged under Sec. 227 of the Code of Criminal Procedure, 1973, found that there are no sufficient grounds to proceed against the accused in connection with the offences alleged in the final report. Accordingly, the learned Special Judge passed the impugned order dtd. 29/4/2023 discharging the accused.