PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.784/2021 of Kodungallur Police Station, Thrissur District alleging commission of offence under Section 376(2)(n) of the Indian Penal Code.

(2.) The allegation against the petitioner is that under the false pretext of marriage, he had committed rape on the de facto complainant on two days in the months of March and April, 2021. Crime No.784/2021 was registered on the basis of information given by the de facto complainant on 13.7.2021.

(3.) The learned counsel for the petitioner submits that even going by the First Information Statement given by the de facto complainant, she and the petitioner were in love with each other. It is submitted that there cannot be a question of false promise to marry as the de facto complainant was the legally wedded wife of one Faisal. It is also submitted that the de facto complainant has filed a complaint alleging the commission of offence under Section 498A of the Indian Penal Code against the aforesaid Faisal and her mother-in-law barely one week before lodging the complaint against the petitioner. The learned counsel therefore submits that even going by the First Information Statement, the relationship between the petitioner and the de facto complainant was purely consensual and cannot constitute rape as defined in Section 375 of IPC.