MURALEEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is filed under Section 482 of the Cr.P.C.

(2.) The petitioner herein is the accused in S.C. No.280 of 2017 on the file of the Additional Session's Court (POCSO), Ernakulam. The aforesaid case has arisen from Crime No.519 of 2016 registered at the Kadavanthara Police Station under Sections 354, 323, 376 and 506(ii) of the IPC.

(3.) The victim is an educated lady in her early 40's. According to her, she married one Sasikumar in the year 1996. She has two children, the eldest of whom is studying in the Plus Two and the youngest in the IX Standard. The petitioner herein was her family friend. As her husband was abroad, the petitioner used to interact with the de facto complainant. In course of time, they became close. This came to the knowledge of her husband and their relationship became strained. In the year 2011, her husband deserted her and when it became difficult for her to live alone, she approached the petitioner. He is alleged to have informed the de facto complainant that he is divorced and that he would marry her. He also gave a word that he would protect the children of the de facto complainant. Believing the words of the petitioner, she started residing with him. However, as assured, the marriage was not registered. She further alleges that after sometime, the petitioner started behaving in a cruel manner towards her. He used to assault her as when his relationship with other women was questioned. She further alleges that during the period from 2013 to 2014, the petitioner had taken her to various places and had subjected her to sexual intercourse. Stating these allegations, a complaint was lodged based on which, the crime was registered.