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2017 Supreme(Online)(KER) 6384

HIGH COURT OF KERALA
SUNIL THOMAS, J
SHAMSUDHEEN – Appellant
Versus
THE CIRCLE INSPECTOR OF POLICE – Respondent


O R D E R

The petitioner herein is the sole accused in crime No.78/2017 Kolathur police station sections 376(1) and

450 of the Indian Penal Code .

2. The allegation of the prosecution is that, on

27.4.2017, some time in between 6 am and 10 am, the accused criminally trespassed into the house of the defacto complainant, caught hold of her, dragged her into the kitchen and forcefully committed rape of her. The petitioner was arrested on 29.4.2017 and is in custody since then. He seeks bail.

3. The prosecution case indicates that, the victim is a 77 year old lady. She, along with her unmarried daughter were living in a rented house. On the fateful day, it is alleged that the accused went to her house and talked to her. After she moved to the kitchen, he entered into the kitchen through the back door, groped her, pulled her to the nearby room and committed rape on her. On return of her daughter, it was disclosed and the victim was taken to the hospital. She was seen by the doctor on 28.4.2017 at 3 pm. The FIS was laid on

28.4.2017 at the hospital at 5.45 pm.

4. Even though it was contended by the learned counsel for the petitioner that, he has been falsely implicated due to previous enmity,

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