VINTO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.1041/2019 of Vellarada Police Station, Thiruvananthapruam, which has been registered for offences punishable under Sections 376 , 506(i) and 34 of the IPC. The crime has been registered on the basis of the First Information Statement given by the lady de facto complainant, aged 20 years on 4.11.2019 at about 4.45 p.m. in respect of the alleged incident which happened on 6.9.2019 at about 6 a.m. in the morning.

(2.) The prosecution case in short is that the lady de facto complainant, now aged 20 years is a married woman having a child and that her mother is a person of loose character, who is separated from her husband and that she was having an immoral relationship with many persons including the petitioner herein, who is a Police Constable of the Kerala Police Force. After the lady victim had delivered her child, she had to stay in her mother's house for some time and thereupon the petitioner/accused used to frequently come there and try to coerce the lady victim for giving sexual favours which she had resisted. That the lady victim's mother used to consistently tell her to succumb to the demands for sexual favours made by the petitioner/accused and that it would only help her otherwise. That on 6.9.2019 at about 6 a.m. in the morning, while she was lying in the bed, the petitioner/accused had come there and had forcibly committed sexual intercourse on her. In spite of resistance, she could not do anything and when she resisted, it is none other than her mother, who caught hold her by her hand and facilitated the commission of rape by the petitioner/accused, who is the Police Constable. That out of fear and shame, she did not have the courage to report the incident to the Police, as her mother was actively colluding with the petitioner/accused and as her mother has also pressurized her not to give any complaint to the Police and that such relationship with the petitioner/accused would only helpful in the future. Later, she had gathered courage and reported the matter to the Police on 4.11.2019, which led to the registration of the instant crime.

(3.) Sri. M.R. Sasith Panicker, learned counsel appearing for the petitioner would urge that the alleged incident is said to have happened on 6.9.2019 and the crime has been registered as late as on 4.11.2019 and there is no reasonable explanation for the long delay of about 58 days in the registration of the crime. Further that there is no medical evidence in this case etc. and that long and unexplained delay would vitiate the entire criminal proceedings. Further that the above said allegations are absolutely false and that the allegations have been made only out of the animosity of the lady victim against the petitioner for being friendly with her mother. Further that the lady has got quarrels with her mother and for these reasons that she has made the false allegations and that this Court may grant anticipatory bail to the petitioner, subject to stringent conditions.