AKHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.5 in the instant Crime No.637/2019 of Mala Police Station, which has been registered for offences punishable under Secs.370, 376 and 376D of the Indian Penal Code, on the basis of the FI Statement given by the lady victim on 29.08.2019 at about 11 p.m., in respect of the alleged incident which happened for the period from 01.12.2018 to 26.08.2019.

(2.) The prosecution case in short is that the accused persons had sexually harassed and assaulted the lady victim aged 18 years on various occasions for the period from December, 2018 to August, 2019 and further that A-1 (Chandran) aged 72 years had befriended the lady victim through facebook friendship with the help of A-2 and A-3 (one Anuja and her husband Aneesh respectively), had committed forcible intercourse on her on a day in the month of December, 2018 and thereafter, A-2 and A-3 by threatening and blackmailing the lady victim saying that they have got her intimate photographs, along with the other persons like the petitioner herein and that they would divulge the same, if she does not accompany them to have sexual intercourse with other persons and that the accused persons had compelled her to have sex with various other persons, including some of the accused persons themselves. The petitioner (A-5) has been arrested on 19.09.2019 and after his remand, has been under custody since then.

(3.) The learned counsel for the petitioner would point out that Annexure-II FI Statement has been given by the victim on 29.08.2019 and therein the only allegation against the petitioner (A-5) is that the photograph of the victim along with the petitioner herein (A-5) and one Sneha (A-7) is with them and that another accused person Sushi (A-6) had threatened the victim that he would divulge the photographs to the public domain, if she does not have sexual intercourse with other persons and that she was thus compelled to have sexual intercourse with four other persons. That other than the allegation that the photograph of the minor victim girl, along with the petitioner, which the accused has taken etc. the allegations of threat to have sexual intercourse and the act of sexual intercourse are all directed against the other accused persons. Whereas, the learned Prosecutor would point out that the victim girl has clearly stated in her FI Statement that it was the petitioner (A-5), who had taken the victim in his motorcycle on the same day to a house at Poochakulam, where the photograph of the victim, along with the petitioner (A-5), A-6 and A-7 was taken, etc. Further that the lady victim has in her additional Sec.161 Cr.P.C statement given on 30.08.2019 has also clearly stated that on a day in February/March, 2019, the petitioner (A-5) had taken the lady victim to a lodge in Athani and compelled her to have sexual intercourse with some other persons, etc. Further that, the victim has again given an additional statement on 19.09.2019, wherein she has stated that the petitioner had forcible sexual intercourse with her at the time of the incidents narrated in her statement dated 30.08.2019 and that the petitioner (A-5) and some other accused persons had made money by compelling her to have sexual intercourse with other persons, etc.