RAJESH PAUL Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under section 438 of the Cr.P.C., 1973

(2.) The applicant herein is the accused in Crime No.19 of 2019 registered at the Kannur Police Station under Section 376(n) of the IPC and sections 3 and 4 of the Protection of Children from Sexual Offences Act, 2012.

(3.) To understand the case of the applicant, the sequence of events has to be narrated in some detail. A lady by name Rekha Raj, who is a social worker, sent an email to the District Police Chief, Palakkad, wherein she claimed that she has been working for the women and downtrodden for the past more than 20 years. According to her, she had occasion to witness a facebook post put up by a girl, the victim in the instant case, alleging that she has been subjected to the acts of sexual abuse by the applicant herein, who is a social worker, sometime in the year 2011. According to the de facto complainant, the allegations being grave, it is only just and proper that the crime be registered. Based on the said complaint, the Crime No.852 of 2018 was registered at the Palakkad Town North Police Station on 1.8.2018 under sections 7 and 8 of the Protection of Children from Sexual Offences Act. In the course of investigation, it was revealed that the offence was committed within the jurisdictional limits of Kannur Police Station. The records were made over and the crime was re-registered as Crime No.19 of 2019. The victim, who had attained majority when the crime was registered, was studying in West Bengal and hence, her presence could not be secured. However, later, she came down to Kerala and gave a statement before the learned Magistrate. In her 164 statement, she narrated the finer details of the allegations against the applicant. According to the victim, her parents are dreaded Maoists and even during her young age, the family used to be incessantly hounded by the police and other authorities. To escape from the police brutality, she used to stay with her grandmother. While so, the applicant and his wife approached her and offered to provide her with protection and solace. They behaved in a gentle manner towards the child and gained her confidence. After obtaining assent from her grandmother, she used to be taken to the house of the applicant. The girl was made to sleep in the same bed with the applicant and his wife. According to the victim, on one occasion, while they were sleeping together, the applicant fondled her breasts. Later, the relationship between the applicant and his wife became strained. Sometime in the year 2012, after his wife had left him, she was invited to his house and he gave her a bath. Thereafter, by giving one assurance or the other, he subjected her to penetrative sexual abuse. After numerous such encounters, the victim realized that what the applicant was doing was not proper and she started distancing herself from him. After attaining majority, she shifted to West Bengal to pursue her education. While so, she posted the traumatic incident that she had to face at the hands of the applicant in her facebook page. This came to the notice of the social worker and she set the law in motion.