JAMSHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.360/2019 of Ponnani Police Station, which has been initially registered for offences punishable under Sections 354D (1) and 506 of the IPC on the basis of the first information statement given by the mother of the minor victim girl, on 20.7.2019 at about 6.15 p.m. in respect of the alleged incident which happened on the same day (20.7.2019) at about 5.30 p.m. The Police, after investigation, has added additional offences as per Sections 11 and 12 of the Protection of Children from Sexual Offences (POCSO) Act, 2012 in this case. The allegation in the first information statement in this case given by the mother of the victim girl, aged 16 years is that the petitioner has been frequently troubling and harassing the minor victim girl and used to follow her when she used to return from the school to her house, which has caused great mental stress to her and that in the first week of July, 2019, the petitioner/accused had threatened and intimidated her that, in case she does not enter into love affair with him, he would throw acid at her face etc. Thereby, he has committed the above said offences.

(2.) The learned counsel for the petitioner would point out that the above said allegations are absolutely false and fabricated and that the truth of the matter is other way round. It is pointed out that none other than the brother of the victim girl herein has been arrayed as accused in Crime 747/2016 of Ponnani Police Station, in which the petitioner herein is the victim and the offences alleged therein are those under Sections 377 of the IPC and Sections 7 and 8 of the POCSO Act. The allegation in Crime No.747/2016 of Ponnai Police Station is that the accused therein (brother of the victim therein), has committed the offence of carnal intercourse against the order of nature with the petitioner and has also committed the other offences as per POCSO Act etc. That at that time the brother of the victim herein had threatened and intimidated the petitioner herein to withdraw his complaint which led to the registration of Crime No.747/2016 of Ponnani Police Station and later he had assaulted and attacked the petitioner on 6.7.2019 at about 10 a.m and in that regard Crime No.340/2019 of Ponnani Police Station has been registered for offences punishable under Sections 452, 323, 324 and 506(i) and Sec.34 of the IPC, wherein the brother of the victim herein has been arrayed as accused No.1 therein and another person has been arrayed as accused No.2 and the petitioner herein is the defacto complainant/victim therein. Further that the brother of the victim girl had threatened and intimidated the petitioner, whereby he was forced to take the stand that he has compromised the matter with the said accused in the said Crime No.340/2019 of Ponnai Police Station on the basis of which the victim's brother has secured anticipatory bail in that case. Since the petitioner is not withdrawing his complaint in the aforementioned POCSO case, the girl's mother has invented the ingenious method of raising the false allegations against the petitioner in order to pressurize him to compromise the matter in which the girl's brother (1 st informant's son) is made an accused etc.

(3.) The learned Public Prosecutor was asked to get instructions in the matter and the factum of registration of the above said two crimes and the related factual aspects have been confirmed by the learned Public Prosecutor on the basis of instructions.