DENU P THAMPI Vs. X

JUDGEMENT

(1.) The petitioner is the accused in the case C.P.No.13 of 2017 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta. He is accused of committing an offence punishable under Section 376 of the Indian Penal Code.

(2.) The case against the petitioner was registered as Crime No.2211 of 2014 of the Pathanamthitta police station on the basis of the first information statement given to the police by the victim lady, the first respondent herein. After completing the investigation of the case, Annexure-3 final report was filed against the petitioner alleging that he had committed rape on the first respondent. On the basis of the final report, committal proceedings were initiated against the petitioner and the case is pending as C.P.No.13 of 2017 on the file of the Court of the Judicial First Class Magistrate-1, Pathanamthitta. The petitioner seeks to quash the proceedings against him by invoking the power of this Court under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code').

(3.) The material averments in the first information statement given to the police by the first respondent are as follows: The first respondent had got acquainted with the petitioner through "facebook". She was in love with the petitioner. He had promised her that he would marry her. On 14.12.2014, she reached Coimbatore at the request of the petitioner. They went together to Ootty and took a room in a lodge there and stayed there till 17.12.2014. During this period, the petitioner had sexual intercourse with her several times against her will. On 17.12.2014, they returned to Coimbatore and resided there. On 18.12.2014, they reached Kollam and the petitioner took her to the house of his relative. On 19.12.2014, the relatives of the petitioner came there and threatened her. Apprehending that they would cause harm to her, she escaped from there and reached the house of the sister of her father and resided there. She reported the matter to the police on 20.12.2014.