TINO THANKACHAN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This petition is filed under section 438 of the Code of Criminal Procedure, 1973.

(2.) The petitioner herein is the accused in Crime No.37 of 2018 of Punalur Police Station, registered alleging offence punishable under Sections 376,417 and 493 of the IPC.

(3.) Aforesaid crime was registered on a complaint filed by a married lady, who is aged 33 years. In her complaint, which is dated 6.1.2018, she states that she is an Indian citizen hailing from Mumbai and has been residing in Australia for the past more than 2 years. The relationship between herself and her husband was strained and they were staying separately. While so, she met the petitioner through some social networking sites. In course of time, they became very close. Some time in the month of September 2017, the petitioner is alleged to have invited the informant to his house and they had sexual intercourse. This was repeated in the month of December as well. According to the victim, she was assured that the petitioner would marry her. Later, when the informant received information that the petitioner was getting married to some other lady, she lodged the complaint consequent to which the Crime was registered.