J U D G M E N T

(Dated this the 14^th day of January, 2026)

The accused in S.C No.727 of 2019 on the file of the Fast Track Special Court, Aluva filed this petition being aggrieved by the order of the Special Court, Aluva dismissing his application for discharge. The offence alleged against the petitioner is under Sections 376 and 420 of IPC .

2. The prosecution case is that, the accused after promising to marry the de facto complainant, committed rape upon her in a room in DD Nest Flat Complex and in the apartment of the de facto complainant, on various dates and also received a sum of Rs.25 lakhs and thereby, he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, even if all the allegations raised against the petitioner are believed, the same does not constitute the offence under Section 376 and 420 IPC . Therefore, it was argued that the learned Special Judge was not justified in dismissing his application for discharge. Therefore, he prayed for discharging the petition by allowing this Crl.M.C.

4. The petition was strongly opposed by the learned Public Prosecutor.

5. On a perusal of the FI statement, it is revealed that aft