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2021 Supreme(Ker) 1205

M. R. ANITHA
Babu, S/o. Govindan – Appellant
Versus
State Of Kerala – Respondent


Advocates Appeared:
For the Petitioner: T.V. Jayakumar Namboodiri.
For the Respondents: Seena C., P.P.

ORDER :

1. This Crl.M.C. has been filed seeking to quash Annexure-A4 final report in Crime No.165/2019 of Kasargod Police Station. Petitioner is the sole accused in the said crime which has been registered under Sections 366, 376 and 506(1) of IPC.

2. It is alleged that the accused got acquaintance through face book with the defacto complainant, who has been living separate from her husband. Thereafter, he made her believe that he would give parental protection to her child. Subsequently, on 02.3.2019 he took her from Neeleswaram on his bike bearing registration No.59 S-179 to Kasaragod at Anakkuur to a lodge. Thereafter, he took room No.205 in the said lodge and had sexual intercourse with the defacto complainant in between 12.00 hours and 16.30 hours on several occasions. Thereby, the accused committed offences punishable under Sections 366, 376 and 506(1) of IPC.

3. Annexure-A1 is the copy of FIR. Annexure-A2 is a copy of complaint given to the Police. Annexure-A3 is the copy of FIS. Annexure-A4 is the certified copy of the final report.

4. According to the learned counsel for the petitioner, even if the entire allegations made in the FIR, FIS and her statement are accepted, an o

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