XXXXXXXXXX Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellants are the accused in Crime No.872 of 2022 of Aryanad police station, registered for offences punishable under Ss. 376, 420 and 498A of the Indian Penal Code and Sec. 3(2) (va) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The essential facts are as under;

(2.) Learned Counsel for the appellants contended that the allegation of rape cannot be believed for a moment, since the de facto complainant had voluntarily married the 1st appellant with the consent of her parents. It is submitted that the allegations with respect to the physical and mental harassment after marriage are also false and even if accepted, no offence under the SC/ST (PoA) Act, is attracted.

(3.) Learned Counsel for the de facto complainant submitted that the cruelty meted out against the de facto complainant is sufficient to deter any Court from granting pre-arrest bail to the appellants.