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| Rape allegation by woman against husband, others | | HC stays arrest of petitioners | | Early Times Report
Jammu, Aug 22: High court judge B S Walia has stayed the arrest of petitioners -- Prem Singh, Puran Singh and Sita Ram, all residents of Mahore, Reasi - in an alleged rape case.
They had filed an anticipatory bail petition, apprehending their arrest in FIR No 85/2015 of Mahore Police Station registered against them under sections 376, 342, 316, 506 and 109 of RPC.
The court observed that the as per the counsel of petitioners, the FIR registered by the complainant is in gross misuse of the process of law as, in the FIR, she has not disclosed that she is the legally wedded wife of petitioner No 1 as is evident from the perusal of the petition filed by her on August 8 last under section 488 of CrPC for maintenance, wherein apart from admitting the fact that she and petitioner No 1 are legally husband and wife, she has also taken up the plea that the petitioner was mistreating her and about one month ago, had forcibly turned her from matrimonial house, forcing her to take shelter in the house of her parents.
The counsel of the petitioners states that the complainant has made statement before the learned magistrate in the proceedings under section 488 fortifying the contents of the petition. He contended that in the aforementioned circumstances, the action of the complainant in registering FIR No 85/2015 dated August 11, 2015 under sections 376, 342, 316, 506 and 109 of RPC at Police Station, Mahore, is in gross misuse of the process of law and has been filed simply to harass the petitioners as well as his brothers.
On this, the high court issued notice for motion and in the meantime directed that the arrest of the petitioners shall remain stayed till the next date before the bench and subject to filing of objections by the other side.
The petitioners' counsel submitted that the present case was a classic example of abuse of process of law and how the law is being used to grind the poor petitioners just to settle personal and matrimonial scores by filing false complaints.
He submitted that due to strained relations between the petitioner and the complainant, she started moving number of complaints against him and his family members. In these series of attempts to implicate the petitioners, the complainant also filed a complaint on July 23, 2015 before the SSP Reasi, mentioning about the factum or marriage and making false allegations of beating or conspiracy to kill her. Nowhere the allegation of Rape under section 376 RPC or any other allegation is mentioned except for false and frivolous allegations which are usually levelled in cases of matrimonial discord. He further submitted that just to teach the petitioner No 1 and his family a lesson, the woman filed another baseless, totally false and frivolous complaint with police, alleging rape on her by her husband on August 11, 2015. That the same has been filed just to implicate and entrap the petitioners in an absolutely false case and to see that the petitioners are arrested, humiliated and their government jobs, livelihood, reputation and liberty all are taken away by one stroke of pen by filing a false complaint.
The counsel exhorted that the two exceptions provided in Section 376 RPC says that Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not a rape. In the present case, admittedly the marriage took place on June 18, 2014 and the incident of rape in the false and concocted story being referred to is in August 2014, therefore any relationship after June 2014 between them cannot constitute rape, thus the respondents have abused their powers and authority in registering a case of rape that too hurriedly without even conducting a preliminary inquiry when the Constitution Bench of Supreme Court has categorically held that in a case where there is delay in reporting the matter, the police have to conduct a preliminary inquiry. (JNF) |
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