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2024 Supreme(Online)(KER) 32267

HIGH COURT OF KERALA
C.S. DIAS, J
SHARON SURENDRAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
NANDITHA S., P.M.RAFIQ, M.REVIKRISHNAN, AJEESH K., SASI, SRUTHY N. BHAT, RAHUL SUNIL, SRUTHY K.K, SOHAIL AHAMMED, HARRIS P.P.

ORDER

The application is filed under Sec.483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (in short, ' BNS S ') by the sole accused in Crime No.763 of 2024 of the Guruvayoor Police Station, Thrissur which is registered against him, for allegedly committing the offence punishable under Section 69 of the Bharatiya Nyaya Sanhita, 2023 (in short, ' '). The petitioner was arrested and remanded to judicial custody on 27.08.2024.

2. The prosecution case, in brief, is that: the accused by promising to marry the survivor, had sexual intercourse with her from 12.03.2023 to 28.07.2024. However, the accused refused to marry the survivor. Thus, the accused committed the above offence.

3. Heard; Sri.P.Vijayabhanu, the learned Senior Counsel appearing for the petitioner and Smt.Seetha S, the learned Public Prosecutor

4. The learned Senior Counsel for the petitioner submitted the petitioner is totally innocent of the accusations levelled against him. The petitioner and the survivor were having a live-in-relationship in Dubai for nearly 1½ years. Their relationship was consensual in nature. It is only after the survivor returned to India, she has lodged the false complaint, stating that the peti

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