CHATHUKKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in Crime No.147/2019 of Atholy Police Station, Kozhikode which has been registered for offences punishable under Sec.354(A)(1) and 376(i) of the IPC.

(2.) The prosecution case in short is that on 08.05.2019 at about 6.45 a.m. in the morning, when the lady victim had gone outside to purchase milk, the petitioner who was there had caught hold of her hand and she wriggled out and later at 10.30 a.m. on the very same day, when she had gone to a shop, the petitioner had come from behind and had pressed her buttocks. The lady victim while giving the FI Statement in regard to the abovesaid incidents before the police on 10.05.2019, has also stated in the said FIS that sometime in the year 2003, when the victim was hardly the age of 13 years, the petitioner/accused had taken her to his house and then had committed forcible sexual intercourse on her, etc.

(3.) Learned counsel appearing for the petitioner would submit that the abovesaid allegations had been falsely foisted on him on the petitioner and that the parties who were living in the immediate neighbourhood and that there were a dispute relating to the use of a pathway as between the petitioner and the parents of the victim and the said disputes arose recently and it is only to spite and humiliate the petitioner that the abovesaid allegations have been falsely foisted on him. Further it is stated that if as a matter of fact, the first incident, which has allegedly happened on 08.05.2019 at about 6.45 a.m. were true, then it is only stands to reason that when she had seen the accused at 10.30 a.m. on the same day, she would have taken extra precaution to avoid any such advances and that those aspects would clearly show the inherent improbabilities in the allegations and further that the allegations of rape are made in respect of events which have taken place in the year 2003 on the basis of the FI Statement made as late as on 10.05.2019. The petitioner has been under judicial custody in this case since 30.05.2019 and it submitted that further detention of the petitioner is not necessary and that this Court may grant regular to the petitioner on any stringent conditions.