MUHAMMED RAFEEQUE Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 439 of the Crimial P.C., 1973

(2.) The applicant herein is the accused in Crime No.497 of 2018 registered at the Mathilakam Police Station under Sections 376, 376(2)(n), 366, 377 of the Indian Penal Code, 1860 Sections 6, 51, 4, 3, 12, 11(ii), 11(iv) and 11(v) of the Protection of Children from Sexual Offences Act, 2012.

(3.) The de facto complainant is a lady, who is living estranged from her husband. In her statement furnished before the S.H.O., Mathilakam Police Station, on 12.7.2018, she alleges that the applicant got in touch with her through facebook in the year 2016 and he managed to develop a relationship with her. It is alleged that in the month of June, 2017, the applicant committed rape on her. It is further alleged that the sexual act was recorded on a mobile phone and the victim was threatened that the pictures and videos would be circulated. Based on these allegations, the subject Crime was registered.