ANSHID Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in Anx-A1 Crime No.1117/2019 of Adoor Police Station, which has been registered for offence punishable under Secs.376 of the I.P.C. The petitioner has been arrested in relation to this Crime on 7.5.2019 and has been under judicial custody since then.

(2.) Sri.C.Rajendran, learned counsel for the petitioner, would submit that a perusal of Anx-A1 FI statement given by the lady-victim would clearly show that the entire incidents, if true, would have been occurred only on the basis of the consent of the parties and that the vital ingredients of offence of forcible sexual intercourse of rape as per Sec.376 of the I.P.C are absent in this case.

(3.) The learned Prosecutor has submitted that the following aspects were borne out from FI statement which was given by the lady-victim on 30.4.2019, which has led to the registration of the instant crime. It is stated that the lady defacto complainant/victim, aged 23 years, got acquainted with the petitioner through social media and that the petitioner-accused had promised her that he would marry her and they started a love affair and that on 2.2.2017, they had sexual intercourse in a Hotel at Adoor and later they had sexual intercourse in the DLF flat owned by the petitioner and various other hotels and other places. That later, the petitioner-accused had started neglected her and stopped his telephonic communications with the lady and that she felt cheated and thus she was constrained to give complaint to the Police in this case.