AJITHMON Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the sole accused in Crime No.1605/2017 of Haripad Police Station for offence punishable under section 376 IPC and 5(j) , (ii) , (1) read with 6 of the POCSO Act. It is stated by the defacto complainant that, she fell in love with the accused, while she was studying for a course at Ernakulam. According to her, she used to reach Ernakulam on every Monday and Friday by the Kayamkulam - Ernakulam Passenger Train. She fell in love with the accused who was a fellow traveller. Thereafter, it is stated that on some day towards the end of June 2017, they had physical relationship in the running train on a promise by him to marry her. Subsequently, on two other occasions they had physical relationship in the running train. It is stated that during that time there were no other passengers in the compartment. She became pregnant and she laid a complainant, since the petitioner herein allegedly refused to marry her. The investigation is progressing.

(2.) The petitioner herein has approached this court contending that the allegations against him are absolutely false and that though they were in love, he had no intention to cheat her. It was also asserted that he had not given any false representation to the victim.

(3.) R2 has appeared through the counsel. Heard the learned counsel for the petitioner, the learned counsel for the second respondent and the learned Public Prosecutor.