LAWS(KER)-2017-1-254

MAHESH S/O RAJAPPAN Vs. STATION HOUSE OFFICER

Decided On January 31, 2017
Mahesh S/O Rajappan Appellant
V/S
STATION HOUSE OFFICER Respondents

JUDGEMENT

(1.) The petitioners herein are the accused Nos. 1 to 5 in S.C. No.184 of 2015 on the file of the Additional Sessions Court-I,Kottayam. The offences alleged against them are under Sections 323, 376, 448, 498A, 471 read with 34 of the IPC and under Section 3 and 4 of the Protection of Children from Sexual Offences Act and under section 3 of the Prohibition of Child Marriage Act, 2006.

(2.) The 1 st petitioner is the husband of the 2 nd respondent. The petitioners 2 and 3 are the parents of the 1 st petitioner. The 4 th and 5 th petitioner are the aunt and grandfather respectively of the 1st petitioner.

(3.) The 1 st petitioner was in love with the 2 nd respondent. While they were in love, the 1 st petitioner is alleged to have induced the 2 nd respondent to sexual intercourse. She became pregnant. The petitioner entered into a form of marriage with the 2 nd respondent though she was a minor and they started living together as husband and wife. According to the prosecution, during they stay together, the petitioners subjected the 2 nd respondent to cruelty and harassment demanding property and valuable security. She was forced to return back home. It is also alleged that on 17.11.2014 at 9.30 p.m., the petitioners herein had trespassed into the house of the 2 nd respondent and committed mischief. Stating these allegations, a complaint was lodged by the 2 nd respondent before the Thrikodithanam Police Station based on which Crime No.1820 of 2014 as registered alleging offences punishable under section 448, 376, 498A, 471 323 read with section 34 of the IPC. Investigation was conducted and Annexure-A2 final report was laid before the court of Sessions, where the same is pending as aforesaid.