IN THE HIGH COURT OF KERALA AT ERNAKULAM
G. GIRISH, J
MIDHUN GEORGE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. facts surrounding the alleged sexual exploitation case. (Para 1 , 2) |
| 2. arguments regarding consent and absence of malicious intent in sexual relationship. (Para 4 , 5 , 6 , 7) |
O R D E R
The accused in S.C. No.488/2020 on the files of the Additional Sessions Court-II, North Pavavur, has filed this petition under Section 482 of the Code of Criminal Procedure , 1973, to quash the proceedings against him in the said case. The allegation against the petitioner is that he committed the offence punishable under Section 376 (2)(n) of the Indian Penal Code , 1860.
2. The prosecution case is that the petitioner resorted to sexual exploitation of the de facto complainant by indulging in sexual relationship with her during the period from 29.12.2018 till the month of October, 2019, while she was residing along with him, believing his promise of marriage. It is stated that the de facto complainant, who is a divorcee having two children, got acquainted with the petitioner through a matrimonial advertisement, and that thereafter, the family members of both the parties had resolved to conduct their marriage. However, the de facto complainant would allege that the petitioner retra
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