SHIJU C.M. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Annexure-A4 Crime No.1099/2019 of Elamakkara Police Station, which has been registered for offences punishable under Sections 452, 376, 506(ii), 323 and 427 of IPC. The said crime has been registered on the basis of the First Information Statement given by the lady victim on 29.10.2019 at about 3 p.m., in respect of the alleged incident which happened on the previous day (28.10.2019) at about 1.30 p.m., in the afternoon. The petitioner has been arrested in relation to his involvement in the instant Annexure-A4 Crime No.1099/2019 of Elamakkara Police Station is on 29.10.2019 and after his remand, has been under detention since then.

(2.) The brief of the prosecution case is that the lady de facto complainant, aged 37 years is a married woman having children and that her husband is working in Gulf Country and that she is living with her children in her residential house at Ponekkara and that the petitioner/accused, aged 38 years had criminally trespassed into her residential house on 28.10.2019 at about 1.30 p.m in the afternoon by jumping over the compound wall and had broken open the doors of her house and kicked her on her abdomen and destroyed her mobile and when she had fallen, the petitioner had threatened and intimidated her that she should withdraw the allegations earlier made by her in a criminal case which led to the registration of the rape case against him and then had caught hold of her hair and had repeatedly struck her head on the wall and had also assaulted on her body by hitting her with fisted hands and yelled at her whether she will have a courage to give any complaint of rape against him and thereafter he had committed forcible sexual intercourse with her on that day etc. Further that the petitioner has earlier been implicated as an accused in a previous rape case registered as Crime No.854/2019 of Elamakkara Police Station in which the victim is the very same lady.

(3.) The learned counsel for the petitioner would urge that the above said allegations are false and baseless and that the petitioner was invited by the lady de facto complainant to go to her residence for negotiations and settlement in relation to the former rape case and that he had gone there only out of invitation of the lady and the lady had trapped him by making the instant false allegations etc. Accordingly, it is urged that this Court may order to release him on regular bail subject to any strict conditions.