RAJESH GOPALAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as accused No.2 in the instant Anx.A1 Crime No.794/2018 of Nooranad Police Station, which has been registered for offences punishable under Secs.376, 420 and 34 of the IPC, on the basis of FIS given by lady defacto complainant on 14.6.2018 at 3 pm in respect of the alleged incidents which have happened for the period from 1.5.2005 to 12.6.2018.

(2.) The prosecution case in short is that, the lady defacto complainant now is working as a maid servant and that earlier some time in 2005 she was allured by A1 who is based in Surat, Gujarat State, that he could provide her a job in Surat, and she had gone there, and A1 had sexually abused and committed forcible sexual intercourse on her and thereafter she left Surat as she was cheated by A1 and she never had contact with him and worked abroad as a maid servant in various Gulf countries for about 10 years. Long thereafter she came into contact with A1 in April, 2017, who had assured her that A2 who is his boss, who is in a Gulf country could provide her a job. Thereupon the defacto complainant had gone to Gulf country Muscat and worked as maid servant in the house of A2 and she was forcibly raped by A2 on two occasions.

(3.) It appears that no precise periods regarding the alleged solo incident of rape said to have done by A1 in Surat and two incidents of rape said to have done by A2 in Muscat are mentioned in FIS. Further it appears that the entire incidents of rape alleged as against A1 is about 14 years back and complaint is made by the lady defacto complainant as late as on 14.6.2019.