MANISH JAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This Criminal Miscellaneous Case has been filed under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the following relief:

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

(3.) In this matter, the prosecution alleges commission of offence punishable under Sec. 376(1) of the Indian Penal Code and the allegation is that the accused, who assured to marry the defacto complainant, brought her to a lodge with intention to commit rape against her, and accordingly, she was forcefully subjected to sexual intercourse at 5.15 hours on 21/11/2018. But thereafter he retracted from the marriage and thereby committed the above offence.