MUTHALIB 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 accused in Crime No.231 of 2017 of the Karuvarakundu Police Station registered alleging offences punishable under sections 363, 384, 450, 376(2) (n) of IPC and under section 66(e) of the Information Technology Act.

(3.) It appears that the victim in the instant case is a married lady aged 38 years and the mother of three children. Her husband is working abroad. On 16.10.2017, Crime No.231 of 2017 was registered under section 57 of the Kerala Police Act, 2011 on the basis of a complaint filed by the brother-in-law of the victim. The allegation in the crime is that the victim along with her three minor children had left the matrimonial home to her parental home and thereafter her whereabouts were not known. The victim was traced out from the apartment of the petitioner at Ernakulam on 26.10.2017. After tracing out the victim, the victim gave a statement alleging that as the relationship with her husband who is abroad was strained, she developed a close relationship with the petitioner herein. They used to have conversations over phone as well. These intimate telephonic conversations between the victim as well as the accused were recorded by the accused and later it was used to threaten her. She was taken to the apartment of the accused at Ernakulam and she was allegedly raped on 1.8.2017 and 18.2017. Based on these allegations, the sections were altered and offences inter alia under section 376(2) (n) of IPC was added.