GIREESHKUMAR K.B Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed challenging an order passed by Court of Sessions, Ernakulam (for short 'the court below') on 27/7/2022 in Crl.M.C.No.1626/2022.

(2.) Crl.M.C.No.1626/2022 is an application filed by the appellant who is the sole accused in Crime No.490/2022 of Kunnathunadu Police Station, under Sec. 439 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') seeking for regular bail. Crime was registered for offences punishable under Sec. 376(2)(n) of Indian Penal Code, 1860 (for short 'IPC') and Ss. 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (Amendment Act, 2015) (for short 'SC/ST (POA) Act').

(3.) The case of the prosecution was that the appellant herein committed rape on the defacto complainant who belongs to Scheduled Caste for a period from June 2011 till 2021 under the false promise of marriage. It is alleged that the defacto complainant has consented for the sexual intercourse believing the promise made by the appellant that he would marry her. The appellant has withdrawn from the promise and thereupon the complaint was lodged alleging commission of offences and the crime in question was registered.