SHEEJA E. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under S.438 of the Code of Criminal Procedure.

(2.) Crime No.569 of 2018 of the Valiyathura Police Station was registered on 28.3.2018 against one Yugin under Ss. 376(2)(n), 376(2)(f), 376(2)(i) of the IPC and under Ss.5(j)(ii), 5(n), 5(l) and 6 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The victim is a girl aged 16 years. Her parents had left her and she has been residing with her paternal grandmother and her family members. The accused is the son of Paniyamma, the daughter of her grandmother. He along with his wife and two children are also residing in the same house. According to the victim, Yugin used to sexually abuse her. In the month of November, 2017, she was subjected to penetrative sexual intercourse. She became pregnant as a result. This was reported to the police based on which the Crime was registered. The product of conception was sent for DNA typing and it was found that Yugin is the biological father. It appears that in the course of investigation, the statement of the victim was recorded by the learned Magistrate. In the said statement, she disclosed that she was subjected to rape by one Abhishek. Later, her statement was again recorded by the police after several months. In the said statement, she disclosed that the applicant herein, who is the wife of the accused had caned her and burned her body with a spatula prior to her being taken to the learned Magistrate for recording her 164 statement. According to the victim, she was told that she and her father would be done away with if she disclosed the name of her husband before the Magistrate. Immediately thereafter, the applicant herein was roped in as the 2nd accused.