MB ANIL MITHRA Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The applicant herein is the sole accused in Crime No. 1467 of 2018 registered at Adoor Police Station under B'B'354, 354A (1)(i), 354D, 376, 376C, 384, 506 and 509 of IPC, 66E of IT Act and B'120(o) of the Kerala Police Act.

(3.) The de facto complainant is a Master in Philosophy and she had worked in the ICDS Office at Harippad from 28.12.2015 till 24.8.2017. During the above period, she had occassion to get acquainted with the applicant herein. He started contacting her over phone. Initially, it was for work related matters. Later, his conversations assumed a sexual tint. He started threatening her with some photographs of her standing with the applicant and she was told that it would be sent to her husband. Left with no alternative, the victim was forced to go with him to a hotel at Adoor and she was subjected to non-consenusal sexual intercourse. Later in the month of July 2017, the victim was taken on a Bike to Adoor and the applicant is alleged to have repeated the same acts. The victim is alleged to have conceived in August through her husband and the applicant is alleged to have forced her to abort the pregnancy. Fed up with the persistent harassment of the applicant, the de facto complainant sought for transfer to Trivandrum. He followed her and she was threatened to come to Adoor. The victim is alleged to have travelled to Adoor in a bus and she was taken to the same hotel and she was subjected to sexual abuse. It is further alleged that the applicant forcefully obtained a sum of Rs.40,000/ from the victim. Later in the month of January 2018, the applicant is alleged to have forcefully taken some gold ornaments from her possession. The victim then decided to disclose the entire matter to her husband and brother. Her husband and brother met the applicant and he was warned and was asked to mend his ways. The applicant is alleged to have agreed not to harass the victim. It is alleged that even thereafter, the applicant continued to terrorise the victim and she had to take leave from her office to escape from his harassment. It is on these allegations, a complaint was lodged before the State Police Chief which led to the registration of the aforesaid Crime.