C.P. PAPPACHAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicant herein is the accused in Crime No.714 of 2018 of the Varapuzha Police Station. He faces accusations of having committed offences punishable under Sections 376(2)(n) and 420 of the IPC.

(3.) The de facto complainant is a married lady aged about 39 years and the mother of two children. In the year 2013, she is alleged to have been appointed as a General Manager in a printing press owned by the applicant. The wife of the applicant was sick and bed ridden. She became very attached to the family and started living with the applicant and his wife from the year 2014 onwards. The applicant and his wife are alleged to have executed a formal deed adopting the de facto complainant as their daughter. Shortly thereafter, the wife of the applicant expired. She further alleges that sometime in the month of October, 2015, the applicant entered her bedroom and subjected her to sexual intercourse. She alleges that they then started living together as husband and wife till 27.10.2018. During this period, the applicant is alleged to have sustained some loss and she is alleged to have persuaded her friends and associates to advance money to the applicant. Some ornaments belonging to her were also pledged and the proceeds were handed over. She further alleges that when the amounts were demanded back, she was ejected from the house. It is on these allegations that the subject crime was registered.