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2022 Supreme(Ker) 993

KAUSER EDAPPAGATH
Tino Thankachan S/o Thankachan – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mahesh V. Ramakrishnan.
For the Respondent: Sangeetha Raj.

ORDER :

1. This Crl. M.C. has been filed to quash all further proceedings in Crime No. 37/2018 of Punaloor Police Station, Kollam District.

2. The petitioner is the sole accused. The 2nd respondent is the victim.

3. The offences alleged are punishable under Sections 376, 417 and 493 of IPC.

4. The prosecution case in short is that, the petitioner after giving false promise of marriage sexually assaulted the victim on several occasions at Australia and thereby committed the offence.

5. I have heard Sri. Mahesh V. Ramakrishnan, the learned counsel for the petitioner and Sri. Sangeetha Raj, the learned Public Prosecutor. Even though notice has been served to the 2nd respondent, there is no appearance.

6. The learned counsel for the petitioner submitted that even if the entire allegations in the First Information Statement are taken at its face value, no offence under Sections 376, 417 and 493 of IPC had been made out. I went through the First Information Statement. There is absolutely nothing therein to attract the basic ingredients of Sections 376, 417 and 493 of IPC.

7. A reading of the F.I.S. would show that, both the petitioner and the victim are natives of India and they went to Austral

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