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2026 Supreme(Online)(Ker) 13235

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
SIBIN A.C. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: K.V.VINOD
For the Respondents: PUBLIC PROSECUTOR, SMT. BINDU.O.V

O R D E R

(Dated this the 23rd day of February, 2026)

The petitioner is the accused in S.C No.1520 of 2024 on the file of the Fast Track Special Court, Kollam, arising out of Crime No.1211 of 2023 of Paravoor Police Station. He filed this petition under Section 528 BNSS praying for quashing all further proceedings against him. The offences alleged against the petitioner is under Sections 376 , 376(2)(n) and 420 of IPC .

2. The prosecution case is that the accused, after making friendship with the de facto complainant who was working in Australia, over Facebook, sexually abused her after promising to marry her and received a sum of Rs.25,00,000/- and articles including gold ornaments worth Rs.10,00,000/- and thereby, cheated her.

3. According to the learned counsel for the petitioner, even if the entire allegations levelled against the petitioner are believed as such, the same will not constitute the offence punishable under Section 376 IPC . Therefore, he prayed for quashing all further proceedings against the petitioner.

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

5. Though notice was served on the 2nd respondent/de facto complainant, she did not turn up.

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