RAJEEV K.R Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner has been arrayed as the sole accused in the instant Crime No.1278/2018 of Mulanthuruthy Police Station, which has been registered for offences punishable under Secs.450, 376(2)(n) and 417 of the IPC and Sec.3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the basis of FIS given by lady defacto complainant on 19.12.2018 at about 3.25 pm in respect of the alleged incidents which have happened for the period from 5.5.2017 to 7.11.2018. It appears that, police after due investigation has ascertained that the lady defacto complainant does not belongs to SC/ST community and thereupon the police has now deleted the offence as per Sec.3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and only the offences as to the IPC are subsisting.

(2.) The prosecution case in short is that, the petitioner aged 27 years had pretended love and assured the lady defacto complainant aged 32 years (who is an unmarried lady) that he would marry her, and on the basis of that assurance, they had sexual intercourse on two occasions on 5.5.2017 and 1.11.2018, and later the petitioner and his mother informed the lady that the proposal of marriage is dropped,etc and that she felt cheated and thereby she has given the instant FIS to the police which has led to the registration of the instant crime on 19.12.2018. The petitioner was arrested on 29.7.2019, and has been under judicial custody since then.

(3.) Sri.C.A.Chacko, learned counsel appearing for the petitioner would submit that the abovesaid allegations are all false and baseless and that even otherwise, a close and intelligent reading of the contents of FIS given by lady defacto complainant would clearly show that the allegations of sexual incidents narrated therein are true, then it would happened only on the basis of consent between the parties.