RATHEESH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This petition is directed against the judgment and sentence dated 6th September, 2013 passed by

(2.) It is not necessary to go into the detailed facts of the case since we are considering the matter as the fourth Court in the hierarchy and are not inclined to encourage a detailed scrutiny of the facts and evidence at this stage.

(3.) Broadly, the allegation against the appellant is that he had raped PW1 his cousin on 20th October, 2002 and thereafter had promised to marry her. The petitioner and PW1 are said to have had sexual intercourse on three subsequent occasions as well, on the promise to marry given by the petitioner. PW1 was later on found to be pregnant and has since delivered a child. As far as the petitioner is concerned, he refused to marry PW1 and that led to her lodging a complaint against him for offences punishable under Section 376 and Section 417 of the Indian Penal Code.