BALADHANDAPANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the sole accused in Crime No.635/2018 of Pudunagaram Police Station, Palakkad, which has been registered for offences punishable under Sec. 376(2)(n) of the Indian Penal Code.

(2.) The brief of the prosecution case is that the petitioner/accused now aged 46 years and who is a married man, is a relative of the lady de facto complainant, who is now aged 40 years and who is a divorcee and mother of two children and that on a day in the year 2012, without her consent and against her will she was subjected for forceful sexual intercourse by the accused when he had barged into her rented house and that those sexual abuses were continued on several occasions till 06.09.2018 and she was enticed and taken away to various places like Palani, Kodaikanal, Thiruvananthapuram, Pollachi, etc., with the promise that he would marry her, etc. The petitioner has been arrested on 27.02.2019 and he is under judicial custody since then.

(3.) Sri.Rajesh Sivaramankutty, learned counsel appearing for the petitioner/accused has elaborately taken this Court's attention to the First Information Statement given by the lady de facto complainant. Learned counsel for the petitioner would point out that close and intelligent "in between the lines" reading of the First Information Statement of the lady would disclose that the above said series of incidents could have occurred only on account of consensual sexual relationship between the parties and that though she has made false allegations about the petitioner, misappropriating the money, etc., he would admit that he had taken a loan amount of Rs. 1,00,000.00 from her and when she had raised a dispute about that, the matter was settled in the police station and he had returned back the money and two months thereafter, she has filed a private criminal complaint for offence under section 138 of the Negotiable Instruments Act and the said aspect regarding the filing of Sec. 138 complaint has been conspicuously suppressed by her in the version given by her to the police.