DIDHEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner is the first accused in Crime No. 81 of 2013 of Piravam Police Station who is alleged to have committed offences punishable under Sections 376 and 420 IPC along with three other accused persons. Among them, accused Nos. 2 to 4 have already been granted anticipatory bail by this Court.

(2.) THE allegation against the petitioner is that he having promised the victim to marry her had sexual intercourse with her against her will and consent. He also managed to obtain gold ornaments and cash from her under the same pretext. Later on he and the members of his family retracted from the promise.

(3.) THE learned Public Prosecutor very vehemently opposed the petition. It is pointed out by him that having lured the victim to have sexual intercourse with him on the promise of marriage and thereafter having gone back on his promise, the offence under Section 376 is attracted. It is also pointed out that the investigation is at an infant stage and custodial interrogation of the petitioner may be necessary. The learned Public Prosecutor also pointed out that the potency test of the petitioner is also essential.