JITHIN RAJ Vs. STATE OF KERALALABIC

JUDGEMENT

(1.) This petition is filed under Section 482 of the Code of Criminal Procedure ("the Code" for brevity) with a prayer to quash the proceedings pending against the petitioner.

(2.) The petitioner herein is the accused in S.C.No.165 of 2018 pending on the files of the Additional District and Sessions Court (for the trial of offences relating to Atrocities and Sexual Violence against Women and Children), Ernakulam. In the aforesaid case, he is charged for having committed offences punishable under Sections 376, 406, 420 and 313 of the IPC.

(3.) The above case arose from Crime No.1196 of 2015, which was registered at the instance of the 2nd respondent herein. In the statement furnished by her, on 18.03.2015, she alleges that she is a divorcee and the mother of a 5 year old child. While so, she met the petitioner herein and they started having a live-in relationship. It is further alleged that the petitioner borrowed a sum of Rs. 1 lakh from the victim and a further sum of Rs.50,000/- from her mother assuring that the amount would be repaid. After living together for an year, the petitioner is alleged to have left her and went abroad. According to the de facto complainant, during this period that they were together, the petitioner had subjected her to sexual intercourse. It is based on these allegations, the instant crime was registered.