ANOOP N. Vs. STATE OF KERALA

JUDGEMENT

(1.) This application is filed under Section 438 of the Code of Criminal Procedure.

(2.) The applicant herein is the accused in Crime No.105 of 2018 registered at the Kalikavu Police Station under Section 376(2) (f) of the IPC .

(3.) The crime was registered based on information furnished by a near relative of the applicant herein. In her statement, furnished to the police on 10.9.2018, she alleges that the applicant is a relative and that due to lack of facilities in her residential home, she has been residing in the house of the applicant for the past 17 years. In course of time, they are alleged to have developed a relationship. The applicant is aged 25 years and the de facto complainant is aged about 29 years. She further states that she ordinarily used to sleep with the mother and sisters of the applicant. However, in the month of January, 2015, the applicant approached her and feigning love and giving a false promise of marriage, persuaded her to have a sexual relationship with him. It is further alleged that on repeated occasions thereafter, she was subjected to sexual abuse by the applicant. She further alleges that the parents and other relatives interacted and they decided to solemnize the marriage on or before 30.12.2017. She further alleges that on 30.12.2017, the applicant left the residential home and thereafter, has not contacted her.