LITHINMON LATHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed the sole accused in the instant Crime No.1274 of 2019 of Ernakulam Town North Police Station, Ernakulam, which has been registered for the offences punishable under Secs. 376 of IPC. The said crime has been registered on the basis of the F.I Statement given by the lady victim, aged 19 years on 03-08-2019 at about 9.15 p.m in respect of the alleged incidents, which happened on 06-07-2019 at about 12.30 p.m in the afternoon.

(2.) The prosecution case in short, as disclosed in the abovesaid F.I Statement given by the lady victim is to the effect that the lady victim aged 19 years, acquainted with the petitioner/accused, aged 25 years, through social media like instagram and that she was modelling and she had sent her photographs to the petitioner as requested by him and that on 06-07-2019 on petitioner's request she had come down from Palakkad to Ernakulam South Railway Station and thereafter the petitioner/accused had taken her to a lodge called 'Pearl Residency' near to the Ernakulam south railway station and there he had forcible sexual intercourse with her, despite her protest and later she came to know that the petitioner is married. Incidentally, she has stated that she became close to the petitioner on account of his assurance that he would marry her etc,. The Police after investigation found that there is no lodge called 'Pearl residency' near Ernakulam south railway station and it was found that the petitioner/accused and the lady victim had actually taken a room in 'Classic Tourist Home' near to Ernakulam North Railway Station on the same day at about the same time and that the alleged incident would have taken place there etc,.

(3.) The learned counsel for the petitioner would point out that the abovesaid allegations are false and baseless and further that the lady victim has now sworn to Anx.A2 affidavit that the petitioner and the lady victim had an affair and that she knew very well right from the beginning the petitioner is already a married man and that later due to the hospitalisation and such other reasons, the petitioner was not able to have frequent contact with her and she developed misgivings and misunderstandings about him and then she had made the instant complaint to the Police based on misunderstandings etc, and that she is not interested to pursue the proceedings any further and that she is not opposing the plea for anticipatory bail etc,.