BIPIN RAVI Vs. STATE OF KERALA

JUDGEMENT

(1.) The application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, by the sole accused in Crime No.842/2024 of the Museum Police Station, Thiruvananthapuram, which is registered against him for allegedly committing the offence punishable under Sec. 376(2)(n) of the Indian Penal Code. The petitioner was arrested and remanded to judicial custody on 25/6/2024.

(2.) The gist of the prosecution case is that; the accused, with an intention to commit sexual assault and to gratify his lust, forced the victim, who is a divorcee with a 12 year daughter from her first marriage, to have sexual intercourse with her after representing that he is also a divorcee and that he would get married to her. Accordingly, on 26/6/2023, he went to the apartment of the victim and had committed rape on her. Thereafter, on the following three days, i.e., from 27/6/2023 to 29/6/2023, and several days thereafter, he committed rape on the victim. However, the accused resiled from the marriage. Thus, the accused has committed the above offence.

(3.) Heard; Sri. P. Vijaya Bhanu, the learned Senior counsel appearing for the petitioner and Smt.Pushpalatha. M.K., the learned Senior Public Prosecutor.