O R D E R

The accused in S.C.No.875/2017 on the files of the Additional Sessions Court, Muvattupuzha, has filed this petition under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.PC’), to quash the proceedings against him in the aforesaid case. The offences alleged against the petitioner are under Section s 376 , 377 & 506(i) of the Indian Penal Code, 1860 (in short, ‘ IPC ').

2. The prosecution case is that on 10.12.2016, at about 11:00 p.m., the petitioner resorted to rape and unnatural sex upon the de facto complainant/second respondent in a hospital room of an Ayurvedic Eye Hospital at Koothattukulam, where the de facto complainant was attending the petitioner as a bystander in that hospital where he was being treated for injuries sustained to his eyes.

3. The petitioner and the de facto complainant are said to have been friends from the year 2013 onwards while both of them were studying in Civil Service Coaching Centre. Thereafter, the petitioner got employment as Assistant Commandant in the CRPF. The petitioner and the de facto complainant are said to have maintained their friendship even after the petitioner started working in the paramilitary force. The