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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
RAJESH RAI K, J
STATE OF KARNATAKA – Appellant
Versus
PILSON S/O. ALEXANDER – Respondent
| Table of Content |
|---|
| 1. allegations of rape stem from a consensual relationship. (Para 2 , 3) |
| 2. the court evaluates the legitimacy of discharge based on evidence. (Para 4 , 9) |
| 3. court finds no compelling evidence for prosecution. (Para 10 , 11) |
ORAL ORDER
The State has preferred this revision petition against the order passed in S.C.No.235/2017 dated 12.06.2018 by the LIII Addl. City Civil and Sessions Judge, Bengaluru (CCH-54) (hereinafter referred to as 'learned Sessions Judge'), whereby the learned Sessions Judge allowed the discharge application field by the respondent/accused under Section 227 of Cr.P.C. and thereby discharged the respondent/accused in Crime No.334/2015 and S.C.No.235/2017 for the offences punishable under Sections 376 and 420 of IPC.
2. The factual matrix of the prosecution case is that:
The victim/CW.1 lodged a complaint before the Malleshwaram Police Station on 24.11.2015 alleging that the respondent/accused was her acquaintance and on 21.10.2014, he taken her to his residence and under the pretext of marrying, he consummated with her, this continued on multiple occasions with her. Thereafter, he reneged marrying her. On the strength of the complaint, Malleshwaram
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