STEPHIN RAJ 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, challenging the order dtd. 3/10/2024 in Crl.M.P. No.248/2024 in S.C. No.440/2021 on the files of the Special Judge Fast Track Special Court, Mattannur. The revision petitioner herein is the accused in the above case.

(2.) Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, in detail. Perused the impugned order and relevant materials available.

(3.) The prosecution allegation is that, the accused, who is a distant relative of the defacto complainant, with whom she had been very close since the year 2018, in the month of December 2018, while her mother was admitted to the hospital, frequently visited her home while she was alone and promised to marry her. Consequent to thereof, the accused had sexual intercourse with her. Thereafter, the accused told her to keep the incident secret, repeating promise of marriage. Later, he persuaded her to snap her explicit photographs and forwarded them to him. Believing the promise to marry her, the defacto complainant obliged his request. He further threatened her that if she disclose the relationship with any other person he would commit suicide. Until June 2019, many times the accused subjected defacto complainant to rape. After some time, the defacto complainant learned that the marriage of the accused had been fixed with another lady. Thereafter, her efforts to contact the accused went in vain. Realizing the fraud and unilateral withdrawal by the accused from the marriage, the defacto complainant attempted to commit suicide. After counseling in a hospital, complaint was lodged and this crime was registered. It is on this premise, the prosecution alleges commission of offences punishable under Ss. 376(2) (n) and (f) of Indian Penal Code. The petitioner moved an application under Sec. 227 of Cr.P.C. before the Special Court and sought the relief of discharge.