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A. BADHARUDEEN
Sajith, S/o. Sajeev – Appellant
Versus
State of Kerala – Respondent
ORDER :
This Criminal Revision Petition has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short hereinafter) by the petitioner/sole accused in S.C No.1236/2023 on the files of the Fast Track Special Court, Kollam, challenging the order in Crl.M.P.No.292/2024 dated 24.07.2024, whereby the application for discharge moved by the petitioner was dismissed by the learned Special Judge.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor on admission. Perused the order impugned.
3. The prosecution allegation herein is that the accused offered to marry the victim after maintaining a love affair. Thereafter, the accused took the victim at a rental house at Vavakunnu, Parippally and subjected her to sexual intercourse on 21.03.2023 promising to marry her. Again, she was subjected to sexual intercourse on 05.03.2023, repeating the promise of marriage. On this premise, prosecution alleges commission of offence punishable under Section 376(2)(n) of the Indian Penal Code ('IPC' for short hereinafter).
4. In this matter, FIR was registered vide Crime No.321/2023 of Parippally Police Station. On investigation, final repo
The court established that the sufficiency of evidence is crucial for proceeding with a trial, and legislative ambiguities regarding discharge applications need clarification.
Consent vitiated by deception negates the validity of consent in sexual offences, allowing for charges of rape to proceed.
The court emphasized that at the charge-framing stage, all materials must be thoroughly examined to determine if a prima facie case exists, rather than merely accepting the chargesheet.
The rejection of a discharge application under Section 245 Cr.P.C. does not require detailed reasoning; only a prima facie case must be established for proceeding with the trial.
In complaint cases, discharge under Section 245 CrPC required if pre-charge evidence under Section 244, even unrebutted, lacks specific allegations warranting accused's conviction.
The main legal point established is that at the stage of framing charges, the trial court is only required to consider whether uncontroverted allegations prima facie make out a case against the accus....
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