SAHAL T. YOUSAF Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in Crime No. 287/2022 of E\rnakulam Town North Police Station, Ernakulam District alleging commission of offences punishable under Ss. 376(2)(n) and 506 of the Indian Penal Code.

(2.) The allegation against the petitioner is that the petitioner entered into a relationship with the victim and entered into sexual relationships with her on the false promise of marriage. There is also an allegation that after the victim became pregnant, she was forced to abort her pregnancy at the instance of the petitioner.

(3.) Sri.S.Sreekumar, the learned Senior Counsel appearing for the petitioner would submit that even going by the contents of the first information statement, the petitioner and the victim were living together and in a relationship. It is submitted that the petitioner and the victim had travelled together to various places and any relationship between them was purely consensual. It is submitted that there is no element of rape and that the petitioner was always ready and willing to marry the victim. However, it was the victim who stated that her parents may not agree the relationship with the petitioner. It is submitted that the petitioner is in custody since 28/2/2022 and his continued detention is not necessary for the purposes of the investigation.