VISHNU V.S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.304/2019 of Kazhakkoottam Police Station, which has been registered for offences punishable under Secs. 342, 366 and 354 of the IPC.

(2.) The prosecution case in short is that the petitioner was having an intimate love affair with the de facto complainant's daughter and which was disliked by her family and her family had arranged another marriage for her and that out of this enmity, the petitioner on 10.02.2019 at about 19.00 hours, kidnapped her while she was standing in front of the gate of Technopark, Kazhakkoottam in a car using criminal force and wrongfully confined her and thus committed the abovesaid offences.

(3.) The petitioner's counsel would point out that even going by the admitted prosecution allegations, it can be seen that accused was having an intimate love affair with the daughter of the de facto complainant, which was resisted by her family members and that they had arranged her a marriage with another person. Further, the petitioner's counsel has invited this Court's attention to Annexure.1 series of SMS messages sent by the de facto complainant's daughter to the petitioner and that she had even sent a message on 02.02.2019 at 5.45 p.m asking him to come to the back side of the gate and that even the prosecution would admit that the lady in question has completed the age of majority long ago and that she is now aged about 23 years and that in view of the abovesaid circumstances, it is clear that she has voluntarily come with the petitioner. Per contra the learned Public Prosecutor would point out that the statement given by the lady to the police would indicate that she had plainly told to the petitioner that she is no longer interested in the love affair with him and that her marriage has already been arranged and that the petitioner out of enmity has forcibly taken her in the car, etc. It is brought to the notice of this Court that the petitioner is residing within the territorial limits of Medical College Police Station, Thiruvananthapuram and that the abovesaid lady is residing within the territorial limits of the Kazhakkoottam Police Station.