AJAY GHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.232/2019 of Guruvayoor Temple Police Station, which has been registered for the offences punishable under Secs. 376 and 506 of the IPC and Sec.119(b) of the Kerala Police Act, 2011. The said crime has been registered on the basis of the FI statement given by the lady defacto complainant on 26.08.2019 at about 1.00 p.m. in respect of the alleged incidents which happened for the period from 05.04.2018 onwards.

(2.) The prosecution case in short is that the lady defacto complainant, aged 28 years is a married woman and she got employed in an assignment/project offered by the petitioner/accused aged 40 years, who is a married man and on 05.04.2018 at about 1.00 p.m., he had asked her to come to Gateway Hotel, Guruvayoor where he was then residing, and receive her salary and that when she reached there for receiving the salary, he had committed forcible sexual intercourse on her and he had taken intimate visual scenes in his mobile. Thereafter, he threatened her that if she does not succumb to his sexual demands, he would disclose the same to others and had forced her to accede to his sexual demands on various occasions and that he had also assured her that he would marry her and thereby he had committed the abovesaid offences.

(3.) The learned counsel appearing for the petitioner would point out that the abovesaid allegations are false and baseless and that a close and intelligent reading of the FIS would make it clear that even if it is assumed that the incidents narrated therein are broadly true, then the same could have happened only on the basis of the consent between the parties and not otherwise. Further that, the petitioner is a married man, who is separated from his wife and that the lady defacto complainant is also married to another man, from whom she was separated due to financial difficulties and that the petitioner and the lady defacto complainant were living together openly as man and wife for quite some time on the basis of mutual consent and both of them were fully aware that the other person is a married person. That the petitioner has a series of photographs, videos and other bank accounts to show that both of them were living together openly under the same roof on the basis of consent as man and wife and that the lady had recently demanded more than Rs.15 lakhs from the petitioner, which the petitioner could not agree to and the lady's husband had also recently come back from Malaysia and when he came to know about the affair, the lady found it difficult to face him and has made these allegations against the petitioner and that she had made these allegations also to blackmail the petitioner to extract more money from him and also to save her face from her husband etc.