RASHEED Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 438 Cr.P.C.

(2.) The petitioner is the sole accused in Crime No. 703 of 2018 of Thamarassery Police Station registered for the offences punishable under Sections 366, 376, 419 and 420 of the Indian Penal Code. The prosecution case, in brief, is that the petitioner responded to a matrimonial advertisement given by the defacto complainant for a second marriage and making her to believe that he would marry her, he took her to Gudalur and subjected her to rape and thus, committed the offence, in furtherance of the common intention with another lady, who also had accompanied them to Gudalur. The petitioner says that he was employed abroad and that the defacto complainant was, in fact, employed as a housemaid at his home at Koduvally, Thamarassery, and that he had never responded to any matrimonial advertisement nor given her a promise of marriage and that only with an intention of extorting money, she made a false complaint.

(3.) The accusation would depend on the reliability of evidence that is adduced by the defacto complainant. The fact remains that the alleged act of sexual intercourse was consensual, but obtained by deceiving the defacto complainant, for which evidence is required.