FAHAD HASSAN ALI Vs. STATE OF KERALA

JUDGEMENT

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

(2.) The petitioner is the accused in Crime No. 744 of 2018 of Kunnamkulam Police Station, Thrissur District. The above case is registered against the petitioner alleging offence punishable under Section 376 of the Indian Penal Code.

(3.) The prosecution case is that the petitioner and the de facto complainant were in love. The victim de facto complainant is aged 26 years and she is a divorcee and she had two children. The admitted case of the victim is that, she was in love with the petitioner and the petitioner and the victim used to contact over phone and text messages. It is alleged that, on 28.02.2018 the petitioner came to the house of the victim at night. The victim allowed him to enter the house. Thereafter, the petitioner sexually abused the victim. Hence, she filed a complaint on 22.08.2018 alleging that the petitioner committed rape on her without her consent. Hence, it is alleged that the petitioner committed the offence under Section 376 IPC.