SAJITH Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Revision Petition has been filed under Ss. 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short hereinafter) by the petitioner/sole accused in S.C No.1236/2023 on the files of the Fast Track Special Court Court, Kollam, challenging the order in Crl.M.P.No.292/2024 dtd. 24/7/2024, whereby the application for discharge moved by the petitioner was dismissed by the learned Special Judge.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor on admission. Perused the order impugned.

(3.) The prosecution allegation herein is that the accused offered to marry the victim after maintaining a love affair. Thereafter, the accused took the victim at a rental house at Vavakunnu, Parippally and subjected her to sexual intercourse on 21/3/2023 promising to marry her. Again, she was subjected to sexual intercourse on 5/3/2023, repeating the promise of marriage. On this premise, prosecution alleges commission of offence punishable under Sec. 376(2)(n) of the Indian Penal Code ('IPC' for short hereinafter).