ABHIJITH PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner apprehends arrest in Crime No.1476 of 2021 of Adimali Police Station, Idukki. He faces an indictment for the offences under Sec. 376, 376(2)(n) of the Indian Penal Code, 1860.

(2.) The gist of the prosecution case is that the victim and the petitioner, who were classmates at school, renewed their friendship in the year 2017 and since the defacto complainant was separated from her husband, he committed forceful sexual intercourse with her in a house-boat. Later, under the promise of marriage, petitioner is alleged to have committed sexual intercourse with the defacto complainant several times at different locations and even lived together with her. The prosecution also alleges that on 20/4/2021, petitioner committed rape on the defacto complainant inside an Alto car after promising to marry her and thereafter repeated the same on several occasions and thereby satisfied his lust.

(3.) Sri.B.A.Aloor, learned counsel for the petitioner contended that though the petitioner and the defacto complainant had a consensual sexual relationship, there was never any instance of rape and that the defacto complainant herself was a married woman until 6/12/2021 and therefore the offence of rape against the petitioner cannot sustain. Sexual intercourse with the promise of marriage cannot amount to rape when the victim herself is a married lady and she entered into the sexual relationship fully conscious of her subsisting marriage. It was further submitted that the petitioner is a policeman and that the attempt of the defacto complainant is only to coerce the petitioner to yield to her illegal demands.