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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
YASH ARYAN. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused's status and allegation overview. (Para 1 , 2) |
| 2. defense arguments regarding consent. (Para 3) |
| 3. judicial observations on consent and misconceptions. (Para 5 , 6 , 7 , 9 , 10 , 11 , 13 , 14) |
| 4. court's conclusion to quash proceedings. (Para 15) |
O R D E R
(Dated this the 11th day of December, 2025)
The petitioner is the sole accused in Crime No.806 of 2023 of Aluva East Police Station, pending as S.C No.608 of 2025 before the Additional District and Sessions Court-POCSO, Ernakulam. The offence alleged against the petitioner is under Sections 376 (2)(n) of IPC .
2. The prosecution case is that the accused, who belongs to Bihar State, came in contact with the de facto complainant via Instagram, took her to a lodge at Aluva and then at Ernakulam and committed rape upon her repeatedly during the period from 12.2.2023 to 17.4.2023 and thereby he is alleged to have committed the aforesaid offences.
3. According to the learned counsel for the petitioner, even if the allegations levelled against the petitioner are believed as such, the same will not constitute the offence under Section 376 IPC , as the relationship between them was only a consensual one. Therefore, h
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