SREEKUTTAN @ APPU Vs. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM

JUDGEMENT

(1.) This petition is filed under section 439 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the accused in Crime No.2096 of 2016 of Keezhvaipur Police Station, registered alleging offence punishable under Section 376 of the IPC and Section 3 read with section 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) The information based on which the aforesaid crime was registered was furnished by the father of the victim. According to him, on 28.11.2017, his elder daughter went missing. She was aged 17 years and was studying in the N.S.S Higher Secondary School for the plus two course. According to him, his daughter was in love with the petitioner herein and on earlier occasions she has eloped with him. Stating these allegations, information was furnished and Crime No.2096 of 2017 was registered on 29.11.2017 under Section 57 of the Kerala Police Act, 2011. On 30.11.2017, the victim along with the mother of the petitioner herein appeared before the Station House Officer, Aranmula Police Station. The victim stated that she was in love with the petitioner for the past several years. On 28.11.2017, she voluntarily left with the accused and went to Batheripadi temple and stayed there till 6.30 in the morning. On the next day at 6.30, the petitioner took her to Vandanmedu and on 29.11.2017 at 11.30, the victim was taken to the uncle's house of the petitioner and stayed there for a day. On 12.30 on the same day they reached the relative's house of the petitioner at Kattappana and stayed there. On the next day, the mother and sister of the petitioner reached the place and they were taken to the police station. However, in her statement before the learned Magistrate, the victim has stated that in the month of October, 2017, the petitioner had subjected her to sexual intercourse.