KOLAKKODAN JAMALLUDHIN @ JAMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 4th accused in S.C No.530 of 2009 on the file of the Additional Sessions Judge, Kozhikode, in which case, he along with others are being proceeded against for having committed offence punishable, inter alia, under Sections 366A, 372, 373 and 376(g) of the IPC. He challenges Annexure-G order passed by the learned Sessions Judge in C.M.P. No.481 of 2018, on an application filed by the 6th accused.

(2.) To appreciate the contentions advanced by the petitioner, a brief narration of the events, which led to the filing of C.M.P.No.481 of 2018, would be apposite.

(3.) The above case relates to multiple acts of gross sexual abuse of a minor girl by a group of persons. As per the charge laid before the Court below, the accused Nos.1 and 2 are the mother and step-father respectively of the minor victim, who was aged about 13 years when the incident had taken place. In essence, the allegation against the accused as per the charge is that the 2nd accused, being the step-father, subjected the minor child to rape on numerous occasions during the summer vacation in the year 2007, with the knowledge and consent of the 1st accused. While the minor child was residing with accused Nos. 1 and 2, the child was handed over by them to the 5th accused, after receiving money. The child was allegedly taken by the 2nd accused in a car to Wayanad and she was subjected to penetrative sexual abuse by both the accused Nos.2 and 5. Thereafter, the accused Nos. 1 and 2 are alleged to have handed over the minor child to the 4th accused, the petitioner herein, after receiving money. The accused Nos.1, 2 and 4 took the child to Ooty in the month of June, 2008, and after confining her in a resort, subjected her to rape. It is also alleged that the petitioner subjected the minor child to rape in the home of the 1st accused at Vallathayippara. Thereafter, the accused Nos.1 and 2 are alleged to have entrusted the child to accused Nos.3, 5 to 7 and 9. They subjected her to rape in the houses belonging to the 1st accused and also in a lodge by name Arora Tower at Kozhikkode, and various other places, including the house of the 6th and the 9th accused, and in vehicles.