JOSEPH @ JOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in Crime No.298/2019 of Vechoochira Police Station, Pathanamthitta District, registered for offences punishable under Secs.376(2)(n) of the IPC, on the basis of FIS/complaint given by the lady defacto complainant on 2.7.2019 in respect of the alleged incidents which have occurred for the period from August, 2015 to January, 2019.

(2.) The brief of the prosecution case is that, the lady defacto complainant now aged 39 years is a widow and is having two minor sons aged 17 years and 16 years, and she is living with her aged mother, and that she is working as a labourer under the Employment Generation Scheme. In August, 2015, she got acquainted with the petitioner accused now aged 53 years, and that he had said that he is divorced/separated from his wife and family, and that they developed an intimate relationship, and thereafter they started living together in the residence of the lady and had sexual relationship, and had lived together as man and wife, and that she had so agreed as the petitioner had assured her that he would marry her. Since he was not taking any steps for solemnization/registration of their marriage, the lady insisted that unless the marriage is solemnized, she and her family members would be put to social shame, and that thereafter the petitioner had developed cold feet and did not reside together with the lady. Since the lady has learned that the petitioner had abandoned her, she has given the instant complaint saying that she has been cheated by the assurance given by the petitioner as she had agreed to have sexual relationship with him only on the assurance that he will marry her, and further that he had even made her take a loan for about Rs.30,000/- wherein the surety was her mother, and that he had handed over only Rs.10,000/- to her, and the balance amount was taken away by him, etc. The petitioner was arrested on 3.7.2019 and has been under judicial custody since then.

(3.) The learned counsel appearing for the petitioner would point out that, the abovesaid allegations have been falsely foisted on the petitioner, and that some time in the month of May/June, 2019, the lady had filed a complaint before the same Police Station and the petitioner was summoned and thereafter he had immediately filed anticipatory bail application before the Sessions Court, Pathanamthitta, whereupon it was submitted on behalf of the prosecution that no crime was registered against the petitioner and the matter was accordingly closed as Anx.A-3 order dated 25.6.2019 in Crl.M.P.No.3141/2019 of the Sessions Court, Pathanamthitta.