HARIKUMAR vs STATE OF KERALA - 2026 Supreme(Online)(Ker) 24580

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2026 Supreme(Online)(Ker) 24580

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

Advocates:
For the Appellants/Petitioners: SRI.R.BINDU, SRI.R.JAYAKRISHNAN, SRI.G.RAJAGOPAL
For the Respondents: PUBLIC PROSECUTOR

Table of Content
1. allegations of rape based on consent need scrutiny of marital circumstances. (Para 4)
2. claim of consent invalidates when both parties are married. (Para 5 , 6)

ORDER

Dated this the 27^th day of March, 2026 The accused in S.C.No.1894/2019 on the file of the Fast Track Special Court, Nedumangad arising out of Crime No.124/2019 of Peroorkada police station filed this Crl.R.P. against the order passed by the learned Special Judge dismissing his application filed under Section 227 of Cr.P.C.

2. The offences alleged against the petitioner are under Sections

376(2)(a)(ii) of IPC .

3. The prosecution case is that during the period between October

2015 and May 2016 on several days, the accused committed rape upon the defacto complainant.

4. According to the learned counsel for the petitioner, this is a false case foisted against him and also that, even if the entire allegations leveled against the petitioner are believed as such, the same will constitute only a consensual relationship between them. Therefore, he prayed for quashing all further proceedings against the petitioner.

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

6. On a perusal of the FI S

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