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2025 Supreme(Online)(Ker) 49525

IN THE HIGH COURT OF KERALA AT ERNAKULAM
, J
LINSON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners:
For the Respondents:

Table of Content
1. petitioner challenges discharge denial on grounds of false promise and implications of sexual intimacy. (Para 1 , 2 , 4)
2. court reviews procedural correctness in the discharge process. (Para 3 , 5)
3. arguments against intent to marry are examined in the context of judicial standards. (Para 6 , 7 , 8)

ORDER

The order passed by the Fast Track Special Court, Pathanamthitta, in C.M.P No.207/2025 in SC No.423/2021, disallowing the prayer for discharge of the accused in the said case, is under challenge in this revision. The offence alleged against the petitioner/accused is under Section 376 IPC .

2. The prosecution case is that by giving false promise of marriage, the petitioner indulged in sexual relationship with the de facto complainant on several days in the month of August 2017, and also on a day in the month of October 2017. It is stated that in the above sexual relationship, the de facto complainant got impregnated. Alleging that the petitioner has backtracked from his offer for marriage, the de facto complainant preferred a complaint before the Pulikeezhu Police in Pathanamthitta District, leading to the registration of this crime. After the completion of inves

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