PRABAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.562/2019 of Oonnukal Police Station, Ernakulam, which has been registered for offences punishable under Secs.447, 324, 354, 354B, 341, 323 and 506 of the Indian Penal Code, on the basis of the FI Statement given by the lady de facto complainant on 21.09.2019 at about 10.40 p.m., in respect of the alleged incidents which happened on the same day (21.09.2019) at about 5 p.m. in the evening.

(2.) The prosecution case in short is that there was property disputes between the petitioner/accused aged 62 years and the lady de facto complainant aged 64 years, who are immediate neighbours and the lady de facto complainant came to know that the petitioner had committed some mischief in her property and she had gone to the site, along with her daughter on 21.09.2019 at about 5 p.m. to take photographs regarding the incidents of mischief committed by the petitioner on her property and on seeing her doing that, the petitioner got enraged and came shouting at her by trespassing into her property and had threateningly waved knife (? ? ?? ? ?? ? ?? ? "?? ? ?? ? "?? ? ?? ? ?) and she received injury on her right palm and the petitioner had tore her nightie and pressed her breast and she had fallen down and suffered pain, etc.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and that the truth of the matter is otherwise out and that even the prosecutrix has admitted that there are pending property disputes between the parties. That as a matter of fact, on 21.09.2019, at about 5 p.m., the lady de facto complainant herein and her daughter had trespassed into his property and the lady had assaulted him with a stone on his left hand and head and he has suffered abrasions and the lady's daughter had caught hold of his shirt and restrained him and the lady had beat him with a stick on his head, whereby he received injury and the lady's daughter had again assaulted him with a stick on his hand, etc. That counter case in Crime No.563/2019 has been registered on 21.9.2019 at about 10.50 p.m., in respect of the said incidents, for offences punishable under Secs.447, 324, 341 and 34 of the IPC, in which the lady de facto complainant herein and her daughter have been arrayed as accused Nos.1 and 2 and the de facto complainant therein is the petitioner/accused herein. That immediately thereafter, the petitioner was hospitalized and MRI scan was also taken, as he has repeatedly assaulted on his head, etc and it is only to cover up the said incidents that the lady has given false complaint to the police which led to the registration of the instant crime, in which the petitioner has been arrayed as accused.