AKHIL RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.725 of 2023 of Kothamangalam Police Station, registered for offences punishable under Ss. 376 (2) (n), (h), 323, 506(i) of Indian Penal Code. The crime is registered on the allegation that from 20/5/2022 onwards, the petitioner had committed rape on the survivor by taking her to different home stays and lodges. It is also alleged that the survivor became pregnant and the petitioner forced her to terminate the pregnancy. The further allegation is that, on 14/5/2023, the defacto complainant went to the residence of the petitioner at about 8.00 p.m., but was thrown out of the house. The petitioner was arrested on 16/5/2023 and is continuing in judicial custody.

(2.) Learned Counsel for the petitioner submitted that going by the prosecution allegation itself, it is clear that the petitioner and defacto complainant were in a relationship and had indulged in consensual sex. The first instance of sexual intercourse was on 15/2/2022 and the crime was registered only on 14/5/2023. In the meanwhile, the petitioner and defacto complainant had travelled together to various parts of the state and had stayed at different home stays and lodges. As such, there is no justification for the continued incarceration of the petitioner.

(3.) Learned Public Prosecutor submitted that, apart from committing rape, the petitioner had also forced the defacto complainant to medically terminate her pregnancy. Further, the petitioner had pledged the gold ornaments belonging to the defacto complainant. The perusal of the the first information statement shows that, even according to the defacto complainant, the petitioner had committed rape over a period of one year at different locations to which she had travelled with the petitioner. The first instance of rape was on 15/2/2022, whereas the FIR was registered only on 14/5/2023.