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2014 Supreme(Ker) 158

N.K.BALAKRISHNAN
Nirmala Devi – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For The Appellant:P. Venugopal, M. Revikrishnan, Advocates.
For The Respondent: Rajesh Vijayan, Public Prosecutor.

Judgment

1. This petition is filed by the complainant in a private complaint filed against the respondent/accused alleging offences punishable under Sections 376 and 406 I.P.C. The complainant was married by one Bhaskaran Nair in the year 1980. In that relationship a son was born to them. Bhaskaran Nair died in 1984. The complainant was working in a foreign country (Oman). While she was working there the accused approached her and expressed his willingness to marry her. Both of them decided to marry after they reached their native place. It is stated that on 22-08-2005 while the complainant was staying at the residence of her elder sister the accused reached there and discussed about the marriage and they agreed to have the marriage solemnized as per the Hindu religious rites at Guruvayoor Temple on the next day itself. On the day of discussion, the accused stayed in the house of the complainant's sister. The complainant was also staying in that house on that day. It is alleged that on that night the accused had sexual intercourse with her repeating his promise of marriage. On the next day their marriage was conducted at Guruvayoor Temple.

2. It is also her case that thereafter bot




















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