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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
S.ANI DEV – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. grounds for seeking discharge from rape allegations based on consent. (Para 1 , 2 , 3) |
| 2. arguments against the continuation of proceedings. (Para 4 , 5) |
| 3. court's observations on the nature of consent and promise of marriage. (Para 6 , 7 , 8) |
| 4. outcome of discharge application ruling. (Para 9) |
ORDER
Dated this the 24th day of February, 2026 The sole accused in S.C. No. 201 of 2023 on the file of the Fast Track Special Court, Erattupetta, arising out of Crime No. 1584 of 2022 of Ettumanoor police station, has filed this Crl.Rev.Pet., against the order passed by the Fast Track Special Court, Erattupetta, dismissing the application filed by him under Section 227 of Cr.P.C for discharge. The offences alleged against the petitioner are under Sections 376 (1) and 376(2)(n) of the IPC .
2. The prosecution case is that the accused, who was already married to CW8, suppressing the above fact promised to marry the defacto complainant after making friendship with her through the website of Kerala Matrimony, committed rape upon her and thereby cheated her.
3. Contending that the allegations levelled against the petitioner do not constitute the offence punishable under Section
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