ANI Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application seeking regular bail filed under Sec. 439 of the Code of Criminal Procedure, 1973.

(2.) Petitioner is the sole accused in Crime No.1365/2021, of the Kunnicode Police Station, Kollam, alleging offences under Ss. 376(1), 376(2)(j), 376(2)(L) and 376(2)(n) r/w Sec. 447 of the Indian Penal Code, 1860.

(3.) The prosecution case is that the petitioner committed rape upon the de-facto complainant, who is allegedly a mentally retarded person, after trespassing into the house of the defacto complainant and after promising to marry her. Later, when the defacto complainant became pregnant, the petitioner is alleged to have refused to marry her and thereby, committed the offences alleged against him.