JAMALUDHEEN. K.V Vs. STATE OF KERALA

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.686 of 2017 of Dharmadam Police Station, registered alleging offence punishable under Sections 376(2)(n) of the IPC.

(3.) The de facto complainant was earlier married to one Sidhique and when their marriage was in doldrums, she got acquainted with the petitioner who is a distant relative of her husband. The petitioner was working abroad then. In the month of August 2017, the petitioner returned from Gulf. During that period, the victim was staying with her sister in a rented house. They used to keep in constant touch. On 13.09.2017, the victim was called up by the petitioner herein and informed that he would come to visit her. He gave her ring and after assuring her that he would marry her subjected her to sexual intercourse. This was repeated on yet another occasion. Later, discussions were held by the family members and it was decided that 'Nikah' can be held on 06.10.2017. However, neither the petitioner nor her relatives came to the mosque on that day. Aggrieved, the information was furnished on 02.11.2017 based on which the crime was registered.