SUMESH NAIR 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.132 of 2019 of the Kazhakoottam Police Station. In the aforesaid Crime, which was registered on 23.1.2019, he is accused of having committed offence punishable under Section 376 of the IPC.

(3.) The de facto complainant is a married woman and she is aged about 30 years. She is working as a Quality Analyser in a company at Technopark, Thiruvananthapuram. While her relationship with her husband was strained, she started having a relationship with the applicant herein. The applicant is also a married man. According to the de facto complainant, in the month of November, 2017, the applicant took her to Kovalam and she was told that he would marry her after divorcing his wife. He is also alleged to have told her that divorce proceedings are pending. She alleges that she was invited to stay with the applicant in his apartment and they started residing together. They stayed together for a period of one month during the month of February and March, 2018. Later she had to be admitted in the hospital for the purpose of a surgery. Her husband signed the consent form for the surgery. Later, she went back to the applicant and started residing with him in his apartment. She later realised that she was being taken for a ride by the applicant. According to the de facto complainant, by giving a false assurance of marriage, the applicant subjected her to sexual intercourse.