GINU G. Vs. STATION HOUSE OFFICER

JUDGEMENT

(1.) This application is filed under section 438 of the Crimial P.C., 1973

(2.) The applicant herein is the accused in Crime No.1116/2018 registered at the East Kallada Police Station under Sections 420 and 376 of the IPC.

(3.) The prosecution allegation as is revealed from the complaint lodged by the de facto complainant before the police can be encapsulated in the following manner: The de facto complainant is a Homoeopathic Physician and is in her late 20's. Her parents were approached by a marriage broker with a proposal of marriage with the applicant herein. This was in the month of April 2017. The applicant met the de facto complainant at her residence and both the families decided to go through with the marriage. They decided to hold a betrothal ceremony on 13.4.2017. After the ceremony, the applicant went overseas to pursue his employment. However, they remained in touch. In the month of June, 2017, the applicant came down to India. On 11.6.2017, he picked up the victim from her residential home and took her to various places. He also kissed her. On 30.6.2017, the applicant took the de facto complainant to the Adventure Park, Kollam. The parents of the de facto complainant decided to solemnize the marriage on 28.1.2018. On 3.7.2017, the de facto complainant went with the applicant for a movie and later she was taken to the Adventure Park. It is alleged that the applicant committed rape at about 3.30 p.m. in a parked car. The applicant went overseas on 24.8.2017 and later communicated his inability to marry the de facto complainant. It appears that the de facto complainant and her family took that in their stride. In the month of Nov. 2017, her marriage was solemnized with another man. However, their relationship did not last and they started residing separately. About 8 months thereafter, on 21.7.2018, a complaint was lodged before the East Kallada Police Station wherein she alleges that the applicant herein had subjected her to rape.