SHAHEER Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No.14/2023 of Pudoor Police Station in Palakkad District alleging commission of offence under Sec. 376(2)(n) of the Indian Penal Code.

(2.) The allegation against the petitioner is that during the period from 9/2/2023 to 2/5/2023 the petitioner entered into sexual relationship with the de facto complainant on the false pretext of marriage.

(3.) The learned counsel appearing for the petitioner would submit that the petitioner is absolutely innocent in the matter. It is submitted that the allegations cannot be taken at face value as both petitioner and de facto complainant were in a subsisting marital relationship. It is submitted that the fact that the petitioner is having a subsisting marriage was well known to the de facto complainant and therefore it cannot be said that there was a promise to marry. It is submitted that even going by the first information statement given by the de facto complainant she had raised similar allegations against other persons also and those cases were settled after accepting money from the accused in those cases. It is alleged that the victim is aged 43.