VINOD VALIYATTOOR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case (Crl. M.C.) has been filed by three police officers of the Kerala Police Department seeking to set aside the order passed by the Judicial First Class Magistrate Court, Ponnani, whereby a private complaint filed by the second respondent, a lady, against the said police officers was forwarded for investigation.

(2.) The essential facts necessary for the disposal of this Crl. M.C. can be epitomized as follows:

(3.) Later, when the second respondent tried to contact the C.I., he did not attend her call, and when she directly met the C.I. at the police station, he stated that the matter was informed to the Dy.S.P., and the Dy.S.P. would contact her. But the Dy.S.P. did not call her. Hence, she met the Dy.S.P. after two weeks and made a complaint against the C.I. Then, the Dy.S.P. made sexually coloured comments and received the complaint lodged by her without giving any receipt. Later, after getting the details of the place of residence of the second respondent, the Dy.S.P. reached her house in a private car, in casual wear, and discussed the complaint and caught hold of her hand and instructed her to sit near him. Thereafter, he grabbed her breast and kissed her. Since she raised alarm, nothing further happened. Thereafter, she, along with her friend Rafeek and a driver, met the Superintendent of Police to complain about the acts of the C.I. and Dy.S.P. The Superintendent of Police received her complaint and sent back the second respondent, stating that he would call her. He also asked her to come alone next time. Again, the second respondent met the S.P. along with her son. Later, the S.P. called her through WhatsApp and asked her to meet him to resolve the complaint, and directed to come to a place called Changuvetty. Accordingly, when she reached near the passport office, Changuvetty, a third party called her, introducing himself as the person authorised by the S.P., and she was taken to a nearby house in an autorickshaw. Thereafter, she was taken inside the house and was subjected to rape and oral sex by the S.P. Moreover, she was forced to have sexual intercourse with a friend of the S.P., who accompanied him. Although she resisted, she was forced to succumb before the friend of the S.P. Thereafter, the S.P. had given Rs.500.00 to her, but she returned the same. Then she was threatened by the S.P. with dire consequences if she disclosed the incident to anyone.