RAMKUMAR Vs. INSPECTOR OF POLICE, THIRUCHENDUR

JUDGEMENT

(1.) This Criminal Original Petition has been filed seeking the relief to call for the records relating to the impugned First Information Report, registered in Crime No. 2 of 2020, dated 18.01.2020, on the file of the first respondent and quash the same as illegal.

(2.) The case of the prosecution is that the second respondent/de-facto complainant is working as Police at Arumuganeri Police Station. During the year 2016, while she was working at Thiruchendur Temple Police Station, the petitioner/accused, namely, Ramkumar who is also working as Police at Manimutharu 9th Batallion was deputed to the Thiruchendur Temple for bandobust. Before the occurrence, the petitioner managed to obtain the details of the second respondent from the Police Station and contact her through mobile phone and proposed his interest of marrying her. Believing the words of the petitioner, the second respondent developed her relationship with the petitioner and started talking with the petitioner through mobile phone and whatsapp video call. During that time, the petitioner has sent his nude and obscene photos to the second respondent and enticed her, for which, the second respondent slammed his behavior and stopped talking with the petitioner. On 16.01.2018, at about 11.00 a.m., the petitioner intercepted the second respondent while she was returning to the police quarters and conveyed apology for his act and insisted to take him to her room. After reaching the room, the petitioner forcibly raped the second respondent and took nude photos of her. Further, the petitioner informed the second respondent that only if she accepts intercourse as per his wish, he would marry her, failing which, he will not marry her. Therefore, the second respondent believing the words of the petitioner, co-operated with him many times.

(3.) After the said incident, the petitioner used to send obscene photos to the whatsapp number of the second respondent and insisted her to send her obscene photos. Subsequent to that on 22.10.2018, 08.06.2019, 24.06.2019, 10.07.2019 and 13.08.2019, the petitioner forcibly had sexual relationship with the second respondent against her wish. At the time, when the second respondent insisted the petitioner to marry her, the petitioner informed that the different community would not be a hindrance and he would obtain necessary consent from his parents for the marriage and assured the second respondent that he will marry her at any cost. Further on 13.10.2019, the petitioner went to the quarters of the second respondent and forcibly had sexual relationship with her many times. Thereafter, abruptly the accused severed the relationship with the second respondent. Therefore, without any alternative, the second respondent lodged a complaint and upon which FIR has been registered in Crime No. 2 of 2020, for the offences punishable under Sections 417, 376 and 506(i) of IPC.