HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is sole accused in Crime No.1209/2013 of Kottarakkara Police Station who is alleged to have committed the offence punishable under Section 376 of Indian Penal Code. The allegation against the petitioner is that though a married person, he gained acquaintance with the victim and made her to believe that he would marry her and had forced her to have sexual intercourse with him resulting in the lady conceiving and later on he retracted from the promise of marriage.

(2.) The petitioner would say that he is innocent and has been falsely implicated with oblique motive. According to him, even if there was a physical contact between the petitioner and the victim, it was a consensual one and no ingredients of offence of rape has been attracted. At any rate, according to him, he has been in custody from 16.05.2013 onwards and his continued custody is unnecessary.

(3.) Learned Public Prosecutor pointed out that the victim had been ruined by the petitioner representing that he is an unmarried person and promising her that he would marry her. it is also pointed out that the investigation is going on.