LAWS(KER)-2019-10-320

ARUN A. Vs. STATE OF KERALA

Decided On October 30, 2019
Arun A. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The appellant herein has been arrayed as the sole accused in the instant Crime No.1187/2019 of Ernakulam Palarivattom Police Station which has been registered for the offences punishable under Secs. 376 of the IPC and Secs.3(2)(V) and 3(1)(w)(i) of the Scheduled Caste/Scheduled Tribes (Prevention of Atrocities) Act, 1989 on the basis of the FI statement given by the lady defacto complainant. The appellant has been arrested in this case on 29.09.2019 and after his remand, has been under detention since then. The appellant has moved a regular bail application before the Sessions Court, Ernakulam by filing Crl.M.C.No.2170/2019, which has now been dismissed by the said court. Being aggrieved by the said rejection of his prayer for regular bail, the appellant has filed the instant Crl. Appeal under Sec. 14A of the SC/ST (POA) Act, 1989.

(2.) The brief of the prosecution case is that the appellant/accused (who does not belong to SC/ST community) aged 26 years was having a love affair with the lady defacto complainant, who belongs to a scheduled caste community. That she is working in a mall and that she was on leave on 16.05.2019 and on that day, the appellant had called her on phone and asked her to come to the place in question at about 10 a.m., so that they could have a dating at Ernakulam and thereafter, the lady left home and boarded the bus to the place in question, where the appellant/accused was waiting for her in a car and she entered into the car and both left to a mall in the city and after parking of the car in the 6th floor of the mall, the appellant came and sat close to her and started repeatedly hugging and kissing her, which she objected. Then he assured her that he would marry her. Thereafter, he had opened the zip of his pants and made her to hold his genital part and subsequently, he removed his pants and also the bottom of her churidar and inserted his genital organ to her genital organ and after that, they had lunch at the mall. Further that, the appellant had assured her that he would marry her and that the appellant had done the abovesaid acts forcefully and that the said incident happened on 16.05.2019 at about 1 p.m. etc.

(3.) The counsel for the appellant pointed out that the abovesaid allegations are false and baseless and further that, it is true that the parties were having an affair and that she was repeatedly pressuring the appellant to marry her and threatening him that she would commit suicide, if he does'nt marry her. She was repeatedly persisting with such conduct of nuisance, the appellant was forced to file a complaint before the Poochakkal Police Station and the Police had made a search of her house and then they found out that she was attempting to trap the appellant with the help of her family members. The Police has summoned both the families to the Police Station. At that time, the lady defacto complainant and her family members did not have any case of sexual harassment or abuse and that it is only in counter blast to the said complaint made by the appellant, that the lady has now made the instant false allegations etc.