VISHNU M Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an appeal filed under Sec. 14-A of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Act' for short). The challenge in this appeal is to the order dtd. 26/6/2024 in Crl.M.P.No.668 of 2024 passed by the Special Court for the trial of the offences under the Scheduled Castes and the Scheduled Tribes (POA) Act and NDPS Act Cases, Manjeri.

(2.) The appellant is the accused in Crime No.600 of 2024 of Nilambur Police Station. He is alleged to have committed offences punishable under Ss. 376(2)(n) of IPC and Sec. 3(2)(v) of the Act.

(3.) The appellant is not a member of the Scheduled Caste or Scheduled Tribe. Respondent No.2/ the de facto complainant is a member of a Scheduled Caste. The appellant was the friend of the de facto complainant. He indulged in sexual relationship with the de facto complainant on many occasions in August, 2023 and thereafter till 19/3/2024. Though the de facto complainant resisted, the appellant indulged in forceful sexual intercourse with her. He offered to marry the de facto complainant.