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2014 Supreme(Ker) 961

ALEXANDER THOMAS
Sebastian Solly – Appellant
Versus
State of Kerala – Respondent


ORDER

Alexander Thomas, J.

Crl.M.C.No. 2279/2014:

1. The petitioner herein is the accused in Crime No. 752/2012 of Kannamali Police Station, alleging offences punishable under Sec. 376 of the IPC. The prosecution allegation is that the petitioner having given promise of marriage to the defacto complainant, on 13.9.2012 committed rape on her at her house and thereby committed the above said offence. The petitioner avers that he has not committed the above said offence as alleged by the prosecution. Based on the complaint of the defacto complainant (2nd respondent) the Sub Inspector of Police, Kannamali, registered Crime No. 752/2012 of Kannamali Police Station, for offence punishable under Sec. 376 of IPC, against the petitioner. After investigation, the Police filed the impugned Annexure-I final report/charge sheet in the above said crime, which has led to the institution of C.P.No. 6/2013 on the file of the Judicial First Class Magistrate's Court-I, Kochi. It is stated that the petitioner/accused approached the 2nd respondent and her family and settled the matter and that on 29.5.2013 the marriage of the 2nd respondent (defacto complainant) was solemnized and that the 2nd respondent




























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