LAWS(KER)-2019-1-258

BINU Vs. STATE OF KERALA

Decided On January 10, 2019
BINU Appellant
V/S
STATE OF KERALA Respondents

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. 30/2017 on the file of the V Addl. Sessions Court, Kollam. In the aforesaid case, he faces accusations of having committed offence punishable under Section 376 of the IPC.

(3.) The 2nd respondent is the de facto complainant. According to the prosecution, she was in love with the petitioner herein. He is alleged to have assured her that he would marry her and her consent was deceitfully obtained for having a sexual relationship. On 20.03.2016, he is alleged to have subjected her to rape. This was repeated on a couple of instances thereafter.