RIJO GEORGE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 427 of 2018 of Chingavanam Police Station for offences punishable under Sections 323, 376, 406 and 420 IPC and Section 3(1)(w)(ii) of SC/ST (Prevention of Atrocities) Act ('SC/ST Act' for short).

(2.) The allegation against the petitioner is that the petitioner came into contact with the de facto complainant, who belongs to Hindu Cheramar Community, through face-book and promised her that he would marry her and on 04.03.2015, the petitioner went to the house of the de facto complainant and committed sexual assault and thereafter on many occasions within a period of 2 1/2 years, she was taken to Chennai, Pondicherry and Thiruvalla and had sexually assaulted her. It is also alleged that the accused had taken 1 1/2 sovereigns of gold ornaments and the same was not returned to her. When the de facto complainant enquired about the marriage, the accused called her caste name and thereby committed the aforesaid offences.

(3.) According to the de facto complainant, she had been subjected to sexual assault on several occasions and the alleged incident occurred on 04.03.2015. There was a promise on the part of the petitioner in marrying the de facto complainant and thereafter he has committed breach of promise and alleged that the consented sexual intercourse was termed as rape.