VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 164/2019 of Parippally Police Station, registered for offences punishable under Secs.452, 354, 506(ii), 294(b) and 323 of the I.P.C.

(2.) The brief of the prosecution case is that the accused aged 31 years is the son of the sister of the lady defacto complainant's husband and the lady defacto complainant's husband is employed in a gulf country and the lady defacto complainant aged 37 years is residing with the children in the place in question. That the accused out of previous animosity to her, since she had filed complaint before the Police against him in year 2017 had created some issues at her family house. That the accused is a drunkard and he used to call the defacto complainant to her phone and she did not respond and that the accused had come to her house on 25.2.2019 at about 8 p.m. with a sword cane and when she had opened the front door of her house, the accused had shouted at her asking why she did not attend to his phone calls and he placed the sword cane on her neck and threatened her that he will do away with her if she does attend his phone calls and that the defacto complainant then retaliated that if he so dares to kill her, he may do it and then the accused dropped the sword cane on the floor and caught hold of her stomach with his right hand and also pushed her on her neck with his left hand and then she went inside the house and locked the front door of the house, etc. That then the accused trespassed into the house and assaulted her, etc.

(3.) The learned counsel for the petitioner would submit that the impugned criminal proceedings have been falsely foisted and that even though the alleged incident had taken place on 25.2.2019 at about 8. pm., FIS and FIR have been registered only as late as 7 days thereafter viz., only on 3.3.2019. Further it is pointed out by the petitioner that he was having an intimate love affair with the lady and there were issues in that regard and her brother had assaulted the petitioner some time in June, 2017 and the petitioner was hospitalized in the Government Medical College, Kollam as an inpatient on 20.6.2017 and the matter was settled between the parties being close relatives. That thereafter the petitioner had stopped the relationship with the lady, which had annoyed her. Further that it was she who had invited him to the house in question and that the allegations have been raised falsely against him.