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2024 Supreme(Ker) 701

A. BADHARUDEEN
Fr. Babu Varghese – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.Rajeev, V.Vinay, M.S.Aneer, Sarath K.P.
For the Respondent: Public Prosecutor, Anand Kalyanakrishnan, Senior Public Prosecutor Sri Renjit George

ORDER :

A. BADHARUDEEN, J.

This criminal miscellaneous case has been filed under Section 482 of the Code of Criminal Procedure, by the sole accused in S.C.No.99/2021 on the files of Sessions Court, Kalpetta, arose out of Crime No.597 of 2020 of Kambalakkad Police Station, Wayanad, seeking to quash all proceedings in the above case.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant documents.

3. In this matter, the prosecution alleges commission of offences punishable under Sections 450 and 376(1) of the Indian Penal Code. The specific allegation is that the accused herein, who is a Priest, subjected the defacto complainant at her rental quarters on the premise of settling the family disputes in between the defacto complainant and her husband. The specific allegation is that, the accused, who intervened in the family disputes to settle the same, made the husband of the defacto complainant more distant from the defacto complainant and thereafter at 13.45 hours on 08.05.2020 he subjected the defacto complainant to sexual intercourse after trespassing upon the rental quarters, despite her resistance.

4. The learned counsel for the petiti

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