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2023 Supreme(Ker) 310

K. BABU
Unni Mukundan, S/o. Mukundan – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SAIBY JOSE KIDANGOOR, SRI.BENNY ANTONY PAREL, SMT.S.SIBHA, KUM.PARVATHY VIJAYAN
For the Respondent: V.JOHN SEBASTIAN RALPH, C.N.SREEKUMAR, SABU P.JOSEPH, MANJU PAUL, ANIL PRASAD, SANGEETHA RAJ , PUBLIC PROSECUTOR

ORDER :

The order dated 21.05.2020 passed by the Sessions Court, Ernakulam dismissing the Criminal Revision Petition No.52/2019 and confirming the order of the Trial Court refusing to discharge the petitioner/accused is under challenge herein.

2. The petitioner is facing prosecution for the offences under Sections 354 and 354-B of the Indian Penal Code before the Judicial First Class Magistrate Court-IX, Ernakulam.

3. These charges are based on a complaint filed by respondent No.2.

4. In the said complaint, it was inter alia, alleged as follows:

The petitioner is a well-known cine actor in Malayalam, Tamil, and Kannada film industries. Respondent No.2 is an Austrian of Indian origin living in Vienna with her parents. She developed a couple of scripts and storylines to create a value-adding message conveying commercial film in the Malayalam Film Industry. In May 2016, she came to Kerala and contacted the petitioner to brief him about the story and to check whether he was interested in taking up a lead role in the movie. She could not meet the petitioner then as he was in Hyderabad. Respondent No.2 returned to Austria and came back to Kerala in August 2017. On 23.08.2017, she made an appo

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