IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE A. BADHARUDEEN, J
Sreeraj K.C., S/o.chenthamarakshan – Appellant
Versus
State Of Kerala – Respondent
ORDER :
Sole accused in S.C.No.1071/2023 on the files of the Special Court for the trial of cases under theProtection of Children from Sexual Offences Act (for short ‘the PoCSO Act’ hereinafter), Thrissur, has filed this Criminal Miscellaneous Case under Section 482 of the Code of Criminal Procedure , 1973, arising out of Crime No.330/2023 of Town East Police Station, Thrissur, and the prayer herein is as under:
To quash Annexure A2 Final Report and all further proceedings arising therefrom and pending as S.C.No.1071 of 2023 on the file of the Fast Track Special Court – II, Thrissur in Crime No.330 of 2023 of Town East Police Station, Thrissur.
2. Heard the learned counsel for the petitioner/accused and the learned Public Prosecutor, in detail. Even though the de facto complainant was served notice and a counsel appeared for the de facto complainant, now he filed a memo stating that he has relinquished the vakalath. But the de facto complainant or any other counsel not appeared.
3. In this matter, the prosecution alleges commission of offences punishable under Sections 342 and 376(2)(n) of the Indian Penal Code (for short, 'the IPC ' hereinafter) by the accused. Initially, FIR was regi
Consent in sexual offences cannot be deemed obtained by misconception if the complainant is already married, nullifying the validity of the promise of marriage.
Consent obtained under a misconception of fact, such as a promise of marriage, is not valid consent; this necessitates a trial to determine the nature of the consent.
Allegations of sexual offences raised after significant delay post-marriage were found unsustainable, indicating potential misuse of the PoCSO Act.
The main legal point established in the judgment is the need to examine if a criminal proceeding is manifestly attended with mala fides and instituted maliciously with ulterior motives, and the circu....
A consensual relationship does not constitute rape without deceitful intent regarding marriage promises.
Consent obtained under a misconception of fact does not constitute valid consent under Section 90 IPC; a consensual relationship does not amount to rape.
The court established that a promise of marriage coupled with sexual intercourse can constitute grounds for prosecution under sexual offence laws, necessitating a trial.
The consensual nature of a long-term relationship between parties negates accusations of rape, even when one party claims a false promise of marriage. Consent cannot be construed as given under misco....
A breach of promise to marry does not constitute a false promise under Section 376 IPC unless it is shown that the promise was made without intention to uphold it.
It is necessary to examine FIR, statement recorded under Section 161 and 164 of Cr.P.C. before Judicial Magistrate First Class to find out correct factual matrix of issue - Sum and substance of decis....
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