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2026 Supreme(Online)(Ker) 4336

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
THAJUMON @ THAJU KOYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.SOHAIL MOHAMMED ANSARY, SRI.GOKUL DAS V.V.H, SMT.AMEENA.R
For the Respondents: SRI. BREEZ M.S

ORDER

Dated this the 28th day of January, 2026 The petitioner is the sole accused in S.C.No.699/2025 on the file of Fast Track Special Court, Chengannur, arising out of Crime No.68/2025 of Vallikunnam police station. The offences alleged against the petitioner are under Sections 69 of BNS and 66(E) of IT Act .

2. The prosecution case is that the accused after promising to marry the defacto complainant committed rape upon her repeatedly, took her nude photos and videos and thereafter he refused to marry her and thereby he is alleged to have committed the aforesaid offences.

3. According to the learned counsel for the petitioner, even if the entire allegations leveled against the petitioner are believed as such, the same will not constitute the offence alleged against him. Therefore, he prayed for quashing all further proceedings against the petitioner.

4. Though notice was served on the defacto complainant/2nd respondent, she did not turn up. The petition was opposed by the learned Public Prosecutor.

5. On a perusal of the FI Statement given by the defacto complainant/2nd respondent, it is revealed that she had given consent for sexual intercourse on the basis of promise of marriage g

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