Supreme Court grants stay in Kerala rape and bigamy case

The core issue is whether the allegations of rape, cheating, and bigamy based on alleged misrepresentation of marital status disclose sufficient material to warrant the continuance of criminal proceedings.

Who it concerns: Appellant: Santhosh Kumar N.P.; Respondents: State (Station House Officer, Kadirur Police) and Respondent No. 2 (the complainant); Bench: Justice Nagarathna.

What the court decided

• The Court framed the question of whether the FIR disclosures warrant the continuance of proceedings or if the appellant is liable to discharge under Section 227 of the CrPC.
• The Court cited precedents (Prafulla Kumar Samal and Sajjan Kumar) regarding the power to sift and weigh evidence for the limited purpose of finding a prima facie case.
• The provided text ends before stating the final judgment or operative order on the merits of the appeal.

Also in the document

• The Court had previously issued notice and granted a stay of further proceedings in the trial court (S.C. No.371/2013) on 18.07.2025.
• The High Court had previously upheld the Trial Court's finding of a prima facie case, noting that consent given under a misconception of fact regarding marital status amounts to rape under Section 376 IPC.
• The appellant argued the relationship was consensual and that the complainant was aware of his prior marriage, while the respondent argued the appellant induced a belief in a valid marriage.