MOHAMMED SHAFI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.168/2019 of Nattukal Police Station, which has been registered for offences punishable under Sec.376(2)(n) of the IPC and Secs.6, 5(l), 8 and 7 of the POCSO Act, on the basis of FIS given by minor victim girl aged 17 years on 19.7.2019 at 10.45 pm in respect of the alleged incidents which have happened for the period from 19.10.2018 to 10.7.2019. The petitioner was arrested on 20.7.2019 and was remanded on 21.7.2019 and has been under judicial custody since then.

(2.) The prosecution case in short is that, the marriage proposal of the petitioner aged 26 years and the minor victim girl aged 17 years was mooted by both the families, and that the engagement and betrothal function relating to the proposed marriage was also conducted, and thereafter on the assurance that the petitioner would marry her, had sexual intercourse with her on quite a few occasions after that. Later the minor victim girl had seen that the petitioner used to get phone calls and messages from certain women and when she questioned it, the petitioner abused her with filthy language and she suspects that the petitioner has abandoned the marriage proposal, and thus she felt cheated and lodged the instant complaint, which has led to the registration of instant crime.

(3.) Sri.K.Rakesh, learned counsel for the petitioner submit that even going by the prosecution allegations, the betrothal function in relation to the marriage between the petitioner accused and the minor victim girl was duly conducted with the blessings of both the families, and that the alleged sexual incidents have happened only thereafter, and that the abovesaid allegations of sexual intercourse are false and baseless, and has been made only out of misunderstanding of the minor victim girl on seeing that the petitioner has received some telephone calls from certain ladies and that petitioner had interacted with said ladies only in the course of his profession as an Interior Designer, and the girl has misunderstood the petitioner due to her immaturity and that she has made false allegations out of animosity, etc. Further that the petitioner is even now prepared to marry her and the marriage will be conducted only after she attains the age of 18 years and that since the petitioner has already suffered detention for the last 29 days, this Court may order to release him on regular bail subject to stringent conditions.