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2023 Supreme(Ker) 820

GOPINATH P.
M. J. Johnson – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Rajeev, V. Vinay, M.S. Aneer, Prerith Philip Joseph, Anilkumar C.R., Sarath K.P., K.S. Kiran Krishnan
For the Respondent: Luke J Chirayil, Sri. Vipin Narayan (SR PP)

ORDER :

The petitioners are the accused in Crime No.1189/2023 of Thalassery Police Station, Kannur District alleging commission of offences under Sections 376, 354, 120B read with Section 34 of the Indian Penal Code.

2. The petitioners are stated to be practising lawyers. The allegation against the petitioners essentially is that after the de facto complainant/victim approached the 1st petitioner in the year 2021 for the purposes of filing proceedings before the Family Court, Kozhikode for obtaining divorce from her husband, the 1st petitioner sexually abused the de facto complainant/victim. It is alleged that the 1st petitioner had invited the de facto complainant/victim to meet him at a hotel in Kozhikode and after offering her a drink which was spiked, he sexually abused her. It is alleged that thereafter the 1st petitioner promised the de facto complainant/victim that she would be taken care of just as his wife and the education of the daughter of the de facto complainant/victim would also be taken care of. A further promise was allegedly made that the accused would purchase for the de facto complainant/victim a house in Kozhikode. It is alleged that thereafter the de facto compl

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