AMAL JOSE MATHEW 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. 3555 of 2020 of Kottarakkara Police Station, Kollam District. The above case is registered against the petitioner alleging offences punishable under Section 376 of the Indian Penal Code (IPC).

(3.) The prosecution case is that, from school days onwards the petitioner and the de facto complainant were in love affair. Subsequently in 2016 the applicant saw the de facto complainant from Ernakulam. Thereafter, there was communication between the petitioner and the de facto complainant. It is admitted in the FI statement that there was sexual intercourse between the petitioner and the de facto complainant on several occasions, based on the promise of the petitioner that he will marry her. Subsequently there was some misunderstanding between the petitioner and the de facto complainant and the de facto complainant married another person about 7 months back. At that time the de facto complainant was pregnant. She delivered a child. Knowing about the same the husband divorced her. Now the de facto complainant filed a statement before the police alleging that the petitioner promised to marry her and thereafter the petitioner sexually abused the de facto complainant.