ANANTHAKRISHNAN 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.3405 of 2017 of the Adoor Police Station registered on 19.11.2017 under Section 376 of the IPC.

(3.) The de facto complainant is a lady aged 23 years. In her statement furnished to the Sub Inspector of Police, Vanitha Cell, she states that she is studying for her final year graduation. While she was studying in the Plus one class, she had occasion to meet the applicant herein. They started messaging each other through WhatsApp and other online modes and they fell in love. He requested her hand in marriage. However, since they were classmates and there was no age gap between them, she initially refused. Later, the applicant along with one relative went to the house of the de facto complainant, met her parents and asked for her hand in marriage. However, he was told that he should bring his family members as well. She alleges that in the month of April, 2016, the applicant, who is working in the Army came back, on leave. He went to her house and spent some time with her. Later, he persuaded her to have sexual intercourse with him after assuring her that he would marry her. This was repeated on yet another occasion as well. She further alleges that on 30th October, 2017, she went with the applicant to a temple. Thereafter, when he stopped contacting her, she lodged a complaint alleging the offence of rape.