SANAL ROBERT Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application filed under Section 438 of Criminal Procedure Code was heard through Video Conference.

(2.) Petitioner is the accused in Crime No.460 of 2020 of Museum Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 323 , 376 , 376(n) , 420 and 506 (ii) of the IPC.

(3.) The prosecution case is that the petitioner sexually exploited the defacto complainant on 12.7.2019 at 3 a.m. from a lodge. The petitioner is aged 38 and the defacto complainant is aged 32. The admitted case of the prosecution is that the petitioner and the defacto complainant are married people. The case of the defacto complainant is that there is some matrimonial dispute between the defacto complainant and her husband. Thereafter, the defacto complainant and the petitioner became friends through Face Book. Subsequently, the sexual assault from a lodge happened. Thereafter, it is stated that the petitioner and defacto complainant had sexual intercourse on several occasions. It is also admitted by the defacto complainant that for the last about six months, the petitioner is residing with her at her house. The case of the defacto complainant is that she gave consent for sexual intercourse because, the petitioner gave a promise to marry her.