VISHNU RAJ 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.821 of 2017 of the Kumbala Police Station, registered under Sections 366, 344, 376(i) (n) (m) of the IPC and Section 5(1) (p) read with Section 6 of the Protection of Children from Sexual Offences Act, 201

(3.) The aforesaid Crime was registered on the basis of information furnished by a minor girl, who was aged 15 years as on December, 2017. According to the victim, the petitioner herein is the husband of her elder sister. The marriage between the petitioner and her elder sister was solemnised about 2 ' years back. They have a child aged 1 ' years in the wedlock. After marriage, the petitioner and his wife stayed briefly in the home of the wife for about two months. According to the victim, while the petitioner was residing as aforesaid, he subjected the victim to sexual abuse. Her sister came to know about the incident and she picked up a fight with the petitioner. Thereafter, due to disputes with the mother-in-law, the petitioner and his wife started residing in a rental house. It is further alleged that about two years prior to December, 2017, the victim was sent to Kollam by the petitioner herein. The victim was informed that the petitioner would join her later. She was told that a lady would pick her up as and when she reaches at Kollam. She went to Kollam and she met a lady by name Sanija mol. She resided with the lady for about a week. Sanija mol is alleged to have told the victim that she is the wife of the petitioner herein. The victim then disclosed to the lady that she was sexually abused by the petitioner herein. The victim was immediately sent back to Kasaragod. When she reached Kasaragod, she was taken around by the petitioner in a bike and was taken home later in the evening. The victim then resided with her sister and the petitioner for several days at their rented premises. During this period, the petitioner is alleged to have subjected the victim to sexual abuse. It is on these allegations that the aforesaid Crime was registered. After registration of the Crime additional statement of the victim was recorded and she gave more details of sexual abuse to which she was subjected to. It was stated that she was confined in the rented house by the petitioner who was staying there with his wife and on repeated occasions the victim was subjected to sexual abuse.