MUKESH O Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner herein is the 3 rd accused in Crime No.704 of 2017 of Karunagapally Police Station, registered alleging offence punishable under Sections 452, 323, 354, 326, 307, 376, 511 r/w Sec.34 of the IPC. The 1st and 2nd accused in the aforesaid crime are the parents of the petitioner herein.

(3.) The victim in the instant case is the neighbour of the petitioner. She lodged a private complaint wherein, it is alleged that on 19.01.2017 at 11.00 p.m., the 1st accused in the aforesaid crime trespassed into her house and attempted to commit rape. Thereafter, on 22.01.2017 at about 7.30 p.m., the accused Nos.1 to 3 trespassed into her house and attacked her with an iron rod. When her son intervened, he was also assaulted. Specific allegations are levelled against each and every accused. Insofar as the petitioner is concerned, the allegation is that he had dealt a blow with an iron rod, which was in his possession and consequent to which, the informant suffered a fracture. It is also alleged that the filthy water mixed with faecal matter was poured on her body by the 2 nd accused and thereafter the petitioner made an attempt to rape the informant.