1. Astounding, incredible and extraordinary allegations in a complaint, unique in nature and character, probably first of its kind in judicial history of the Nation, and may also be the last, resulted in registration of Crime No.2141 of 2013 of Aluva East Police Station, for the offence punishable under Section 376 read with Section 34 of Indian Penal Code (hereinafter referred to as I.P.C.). The petitioner herein is the first accused in the said case and his son is the second accused. The first accused is a sitting MLA and a prominent person enjoying wide popularity among the people of his constituency.

2. The short case put forward by the petitioner is that even assuming that all the allegations in the complaint are taken as true, they do not constitute the ingredients necessary to attract Section 376 of I.P.C. and if that be so, no offence is made out and the complaint and the FIR produced as Annexures A1 and A2 are only to be quashed. In other words, the petitioner wishes to abort the proceedings at the threshold.

3. In the light of the said fact, it becomes necessary before going into the various aspects to refer to the allegations in the complaint in detail.

4. The