IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 30^TH DAY OF SEPTEMBER 2022 / 8TH ASWINA, 1944 CRL.A NO. 933 OF 2022 AGAINST THE ORDER/JUDGMENTCRMC 1019/2022 OF DISTRICT COURT &

SESSIONS COURT, ERNAKULAM APPELLANT/PETITIONER:

DINESH M AGED 43 YEARS NAISSERY HOUSE, NEW LANE, THOTTAKATTUKARA, ALUVA, ERNAKULAM, PIN – 683108.

BY ADVS.

K.DHRUV KUMAR SHAKTHI PRAKASH HARIKRISHNAN M.S.

RESPONDENTS/RESPONDENTS:

1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.

2 STATE OF KERALA ASSISTANT COMMISSIONER OF POLICE, ERNAKULAM REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN – 682031.

3 STATE OF KERALA STATION HOUSE OFFICER, ERNAKULAM TOWN SOUTH POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN – 682031.

4 XXXXXXXXXX XXXXXXXXXX XXXXXXXXXX BY ADVS.

PUBLIC PROSECUTOR K.R.VINOD M.S.LETHA(K/139/1996) SR.PP-SRI.T.R.RENJITH THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON

27.09.2022, THE COURT ON 30.09.2022 DELIVERED THE FOLLOWING:

A. BADHARUDEEN, J.

================================

Crl.Appeal No.933 of 2022 ================================

Dated this the 30th day of September, 2022

J U D G M E N T

This appeal arises out of order in Crl.M.C.No.1019/2022 dated 27.05.2022 on the file of the Special Judge (Sessions Judge), Ernakulam under the Special Court for Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as `the SC/ST Act' for convenience], in Crime No.472/2022 of Ernakulam Town South Police Station. Accused is the appellant. Respondents 1 to 3 herein are the officials of the State of Kerala and the 4^th respondent herein is the defacto complainant.

2. Heard the learned counsel for the appellant and respondents 1 to 3, represented by the learned Public Prosecutor as well as the 4^th respondent, the defacto complainant in this matter, as mandated under Section 15-A(3) of the SC/ST Act.

3. Short facts: The prosecution would allege that the appellant/accused herein committed offences under Section 376 (2)(n), 406, 420 of IPC and Section 3(1)(u), 3(1)(w)(i), 3(1)(w)(ii) and 3(2)(v) of the SC/ST Act. It is also alleged that the defacto complainant, who belongs to Scheduled Caste community, worked at NCC Office on temporary basis in the year 2009 and she met the appellant/accused, who is not a member of the Scheduled Caste or Scheduled Tribe, during 2009. Thereafter, the defacto complainant maintained a healthy relationship with the accused and accordingly the accused promised to marry the defacto complainant. During the affectionate relationship, the appellant/accused shared his issues with his wife and the intention to divorce and offered to marry the defacto complainant.

4. While so, the defacto complainant secured permanent job at MPEDA during the year 2013 and she started her residence at the BSNL Quarters. Accordingly, the appellant/accused started to visit the defacto complainant on the promise to marry her, and she believed his words. Keeping the relationship, believing the promise of marriage, the defacto complainant was subjected to sexual intercourse by the appellant/accused herein on several occasions. He also borrowed money from the defacto complaimant. When she demanded back the money, the appellant/accused threatened that he would post her nude visuals in the social media. She obtained loan from various financial institutions and gave that money to the appellant/accused and accordingly he received Rs.8 lakh and the appellant/accused returned back Rs.2 lakh to the defacto complainant. The appellant/accused continued these acts till February, 2022. The defacto complainant belongs to a Scheduled Caste and the appellant/accused humiliated her by calling her caste name and also asked her that she secured the job only because she belonged to Scheduled Caste community. On the above facts, Crime No.472/2022 of Ernakulam Town South Police Station was registered alleging commission of the