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IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
E.F. JOSE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. allegations of rape and lack of consent. (Para 2 , 4 , 6) |
| 2. the serious nature of rape and public interest. (Para 3 , 7 , 10 , 11) |
| 3. discussion on legal representation. (Para 5) |
| 4. inadmissibility of compromise in serious crimes. (Para 8 , 9 , 12 , 13) |
| 5. final dismissal of the petition. (Para 14) |
O R D E R
The petitioner is the accused in S.C No.1204/2024 on the files of the Special Court for SC/ST Atrocities Act Cases, Thrissur. The offence alleged against him are under Sections 376 (1) I.P.C and Section 3 (2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 .
2. The prosecution case is that the petitioner, who belonged to the Christian community, committed rape upon the de facto complainant, whom he knew to be belonging to Scheduled Caste community, on 02.08.2020 at about 6:45 p.m. It is stated that the petitioner brought the de facto complainant, a home nurse, to his residence for postpartum care of his daughter, and resorted to the sexual assault by taking her to the rear side of his house at the terrace portion, by saying that some articles are to be taken from there. He is alleged to have caught hold of her and indulged in p
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