NIDHIN RAJ Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the accused in Crime No.1690 of 2020 of Kayamkulam Police Station registered for offences punishable under Sections 376(2)(n) and 354(D) of the IPC.

(2.) Petitioner is alleged to have committed rape on the de facto complainant/victim during July 2020 at the petitioner's house and on the second instance, in November, 2020, at a tourist home. The complaint was lodged on 12.12.2020 and the petitioner arrested on the next day ie, 13.12.2020.

(3.) Learned Counsel for the petitioner submits this to be a clear instance of consensual sex. It is contended that, lodging of the complaint after six months of the alleged incident shows that is an afterthought. It is submitted that the petitioner has been undergoing imprisonment for more than 66 days and no purpose will be served by further incarceration.