The petitioner herein has been arrayed as the sole

accused in the instant Crime No.942/2019 of Vallikunnam Police

Station, Alappuzha, which has been registered for offences

punishable under Secs.376(2)(n), 420 & 506 of the IPC, on the

basis of the FIS given by the lady defacto complainant on

21.9.2019 at about 2.25 pm, in respect of the alleged incidents

which have happened for the period from 1.7.2019 to 31.7.2019.

2.

The brief of the prosecution case is that, the petitioner

aged 32 years is an unmarried man who was earlier working in a

gulf country, and the lady defacto complainant is a married

woman aged 30 years who is having a minor son and whose

husband is working in the Indian Army in Assam. The

petitioner/accused and the lady defacto complainant had

developed friendship through social media like Facebook and that

it turned out to be a love affair and the petitioner persuaded the

lady to set up her cousin sister one “Bhagya” to develop intimate

relationship with the lady defacto complainant's husband through

B.A. No. 8239 /2019

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telephonic contact etc, so that her husband would develop interest

in other woman and so that she could continue her affair with the

petitioner. Thereupon, the lady had persuaded her cousin “Bhagya”

to develop such intimate relationship through frequent telephonic

calls with her husband. Thereafter, the petitioner accused and the

lady defacto complainant continued their amorous and illicit

relationship. Further, she would state in her FIS that she starts

developing a deep love for the petitioner. That, some time in July,

2019, she went with the petitioner for a tour to Mysore. Later on a

day when none was there in her house, the petitioner accused had

came to the lady's house and both of them posed for selfie

photographs in nude posture. The said nude photograph was taken

in the mobile cell of the lady and later the petitioner had

transferred the said nude photographs to his mobile, and he

started threatening her for further sexual favours and money, and

even started assaulting her. Later she came to know that the

petitioner is a person who plays fraud in such cases and thereafter

the petitioner compelled her to elope with him and should bring

him dowry money and gold ornaments along with her. Later the

lady settled the issues with her husband. At that time the petitioner

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consistently threatened her that he would disclose the intimate

photographs and other incidents to her husband, and made her

part with Rs.50,000/- which he had not so far returned back.

Further , the petitioner again threatened her that he would divulge

the said nude photographs to her husband and she had no other

alternative, but to make the abovesaid complaint by way of FIS

before the Police, which has led to the registration of the instant

crime. The petitioner has been arrested in this case on 22.9.2019

and after his remand, has been under detention since then.

3.

Both sides would now submit that the investigation has

been completed and the final report/charge sheet has been filed

before the competent criminal court on 20.10.2019.

4.

The counsel for the petitioner would point out that a

close and intelligent reading of the FIS would make it clear like the

day light that if the alleged incidents narrated therein are broadly

true then the same would have happened only on the basis of

consent between the parties and not otherwise and therefore

the vital ingredients of rape as per Sec.376 of the IPC are not

made out.

5.

The learned Prosecutor would strongly urge that the

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investigation has now revealed that even after the lady had settled

issues with her husband the petitioner was consistently

blackmailing and intimidating her that he would divulge the said

incidents and nude photographs to her husband and further that,

he had even forced her to part with Rs.50,000/- on the basis of

said blackmail, and that at one point of time