HASEENA Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as accused No.1 among the 2 accused in the instant crime No.975/2019 of Kunnamkulam Police Station, which has been registered for offences punishable under Sections 11(i) and 12 of the Protection of Children from Sexual Offence Act, 2012 and Sections 294(b) , 323 and 224 of the IPC. The said crime has been so lodged on the basis of the First Information Statement given by the minor victim boy aged 10 years on 09.10.2019 at about 8.15 P.M in respect of the alleged incidents which have happened on 05.10.2019 at about 7 A.M.

(2.) The prosecution case in short is that accused No.1 is a divorcee who is living with her children and now with her mother in the close neighborhood of the minor victim boy aged 10 years and that due to prior enmity, the petitioner herein (A1) and her mother (A2) have indulged in showing vulgar gestures and gesticulation to the minor victim boy by lifting their clothes and showing to the minor victim boy only to harass him, etc and also abused him by using vulgar and obscene words, that these incidents have occurred on 05.10.2019 and on various prior occasions. Further that on 15.09.2019, when the minor victim boy was waiting near a shop, the petitioner had over speedily came there by her scooter and hit him, etc.

(3.) The learned counsel for the petitioner would point out that the above said allegations are absolutely false and fabricated and the truth of the matter is other way around, that the minor victim boy's father is one Shahir, who has a close friend and relative called Fahad. Further accordingly the petitioner, the said Fahad had committed forcible sexual intercourse on her and despite various attempts the police did not register any crime against him and the petitioner was constrained to approach the Kerala State Womans Commission for ventilating her grievances and it is only after the intervention of the said commission that the police was constrained to register the crime against Fahad as crime No.744/2018 of Kunnamkulam Police Station, wherein for the offence as per Section 376 of the IPC, in which the petitioner is the victim. That the said Fahad is absconding and is now abroad and to save Fahad the minor victim boy's father was frequently pressurizing the petitioner not to pursue the criminal proceedings against the Fahad and since the petitioner was not willing for that, he has taken the ingenious method of raising false allegations against the petitioner through his son, who is the present minor victim boy in order to put pressure on the petitioner to withdraw her complaint of rape against the minor victim boy's father's friend, etc. Learned counsel for the petitioner would point out that the petitioner will fully co-operate with the Investigating Officer in the interrogation process and this Court may order to grant anticipatory bail to her in the interest of justice subject to any stringent conditions.