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2024 Supreme(Ker) 385

BECHU KURIAN THOMAS
State of Kerala – Appellant
Versus
Azeez S/o Muhammed – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: M.C. Ashi.
For the Respondents: I.V. Pramod, Ashik K. Mohammed Ali, Jessy George, K.V. Sasidharan, P.K. Jayasreethankachi, Saira Souraj P.

 

1. An application filed by the Public Prosecutor under section 216 of the Code of Criminal Procedure, 1973 (for short ‘the Cr.P.C.’) to alter the charge already framed by adding another offence was dismissed by the impugned order. The said order is assailed in this petition under section 482 Cr.P.C.

2. According to the prosecution, the accused had in the year 2006, promised to provide CWs 1 and 2 with cleaning jobs at a Hospital in Dubai, and after collecting money, they were taken to Dubai. After reaching Dubai, they were confined in an apartment and were served with a beverage containing intoxicating substances and were repeatedly raped. The victims were forcibly taken to other apartments and, after wrongly confining them, were compelled to have sexual intercourse with several strangers. After the victims managed to escape from the clutches of the accused and, with the help of the Indian Embassy and others, came back to India and lodged the FIR as Crime No. 445/2006 of Thoppumpady Police Station. On completion of the investigation, the final report was filed, arraying the accused as having committed offences under sections 420, 376, and 342 read with section 120B of the Indian Pe

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