NANDU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein has been arrayed as the sole accused in the instant Crime No.2477/2019 of Nemom Police Station, Thiruvananthapuram district, registered for offences punishable under Secs.294(b), 451, 506, 354A(1)(iii) & 509 of the IPC and Secs.11(i) & 12 of the POCSO Act, 2012. The crime has been registered on the basis of the FIS given by the lady victim aged 18 years on 17.10.2019 at about 7 pm, in respect of the alleged incidents which have happened for the period from 1.3.2018 onwards.

(2.) The brief of the prosecution case is that, the petitioner accused now aged 24 years and the lady victim now aged 18 years are living in the immediate neighbourhood in rented accommodations, and further that the date of birth of the lady victim is 10.10.2001, and she has completed the majority age of 18 years only on 10.10.2019, and that on a day in March, 2018, the petitioner had naughtily teased and when she asked the petitioner's wife the reason thereof, she was informed by the petitioner's wife that it was because her inner wear (brassiere) could be seen, etc, and further that on a day in May,2018 after the publication of her Plus Two results, the petitioner had exhibited his private parts to her. Further that, 0n 22.9.2019 at about 2.30 pm when she was alone in her house, the petitioner had barged into the varanda and started yelling vulgar words and later she had complained to her mother and later at 7.30 pm, the petitioner had again came to her residence and used obscene words at her, and attempted to assault her, etc. The petitioner has been arrested in this case on 22.11.2019, and after remand has been under detention since then.

(3.) The counsel for the petitioner would point out that the abovesaid allegations are false and fabricated and that the truth of the matter is other way round. That the petitioner is a married man and that he and his family were maintaining cordial relationship with the victim's family members as they are immediate neighbours. But off late it was found that the victim's brother and some of his friends had used to occupy the terrace portion of common building for consuming alcohol and creating scenes there. Since the trouble became unbearable and since no corrective steps were forth coming from the victim's brother and his friends, the petitioner was constrained to complain about the victim's brother's conduct to their landlord which provoked them and the victim's brother had enmity towards the petitioner. The victim's brother and his friends had barged into the petitioner's residence and assaulted the petitioner, his wife and his mother. On coming to know that the police had intervened and all parties were called to the Police Station, and when the petitioner and his family member complained about the conduct of the victim's brother, the police requested the petitioner and his family members to give their complaint in writing and thereupon the petitioner's wife had given Anx.B complaint/petition dated 22.9.2019 before the SHO, Nemom Police Station, and since no further action has been taken thereof, the petitioner had again made a complaint to the District Police Chief on 24.9.2019 which is evident from Anx.C receipt issued from the office of the District Police Chief, Thiruvananthapuram. Further, the petitioner belongs to Scheduled Caste, and the petitioner's wife had also given complaint to the Kerala State Commission for SC/ST on 25.9.2019 which is evident from Anx.D receipt. That since the petitioner had complained to the police about the assault made by the victim's brother, the victim's family members had conspired and instigated the her to give the instant false allegations, which has led to the registration of the crime.