VIJESH Vs. STATE OF KERALALABIC

JUDGEMENT

(1.) This application is filed under Section 439 of the Cr.P.C.

(2.) The applicant herein is the accused in Crime No.320 of 2018 registered at the Nattukal Police Station under Sections 376, 376(2), 376(n) and 354(c) of the IPC and Section 67A of the Information Technology Act, 2000.

(3.) The de facto complainant is a married woman and the mother of three grownup boys. The applicant and the de facto complainant owe allegiance to the same political party and they became acquainted. They used to contact over phone as well. In the month of March 2017, the applicant herein is alleged to have gone to her residential home, while she was alone, and subjected her to sexual intercourse. He is alleged to have recorded the entire sexual act on his phone. Later, she was forced to succumb to his carnal desires on two occasions by threatening her that the videos in his possession would be made public. She finally conjured up the strength and refused to accede to his demands. Aggrieved by the above, the applicant is alleged to have forwarded the explicit videos and photographs to the mobile phone of the son of the de facto complainant. These are the allegations based on which the subject crime has been registered.