RAFI MUHAMMED Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 439 of the Code of Criminal Procedure.

(2.) The applicant herein is the accused in Crime No.720 of 2017 of the Pooyappally Police Station, registered under Sections 376 and 506(2) of the IPC and Section 3 read with Section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) On 20.4.2017, information was furnished by the de facto complainant before the Rural Women Cell, Kollam, wherein she alleged that while she was studying in the X standard, she fell in love with the applicant herein. They used to contact over phone. Some time in the month of January, 2016, the applicant came to meet her outside her residential home and subjected her to penetrative sexual abuse. It is further alleged that certain explicit photographs were exchanged between the parties, while they were in love. It is alleged that her parents came to know about the relationship and she was asked to put an end to the same. Heeding to the wishes of her parents, she stopped contacting the applicant. Aggrieved by the above, the applicant is alleged to have forwarded some of her photographs to her relatives and also threatened that it would be circulated online. It is on these allegations that the Crime was registered.