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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
ANWAR SADIQUE – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of allegations and petitioner’s status. (Para 1 , 2) |
| 2. analysis of relationship and consent. (Para 5 , 6 , 7) |
| 3. legal arguments regarding charges. (Para 8 , 9) |
| 4. final ruling on discharge of offences. (Para 10) |
ORDER
Dated this the 23rd day of January, 2026 The petitioner is the 1st accused in S.C No. 501 of 2024 on the file of the Fast Track Special Court, kozhikode, arising out of Crime No. 84 of 2019 of the Medical College Police Station. He has filed this petition under Sections 438 and 442 of the BNSS, being aggrieved by Annexure A4 order passed by the learned Special Judge dated 09.12.2024. The offences alleged against the petitioner are under Sections 376 (2)(n), 406, 420 r/w 34 of the IPC .
2. The prosecution case is that the petitioner after promising to marry the defacto complainant, subjected her to repeated sexual abuse and received a total sum of Rs. 33,46,000/- and 33.75 sovereigns of gold ornaments. Thereafter, he refused to return the same and thereby he is alleged to have committed the aforesaid offences.
3. The petition was strongly opposed by the learned Public Prosecutor.
4. Though notice was served on the defacto complainant/additional
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