Et Report
Jammu, Oct 3 : Justice Janak Raj Kotwal of J&K High Court Jammu in a petition seeking quashment of FIR lodged with P/S Kanachak u/s 376 RPC, refused to the quashed the FIR.
On September 10, 2013, prosecutrix lodged a written report at Police Station, Kanachak alleging that for ten years petitioner, having promised that he will marry her, had been having sexual intercourse with her.
On September 8, 2013, he forcibly took her with him in the night and raped her thrice in a field. However, he has refused to marry her saying that he will marry the girl selected by her mother and sister.
On this, aforesaid FIR has been registered against the petitioner. The petitioner challenged the same. In the petition it has been submitted that he and the prosecutrix reside in the same village. He belongs to Rajput family whereas the prosecutrix belongs to Scheduled Caste (Batwal) family.
The prosecutrix was willing to marry with him and had made proposal of marriage but the proposal has been rejected by his family due to difference in caste of the two families.
Even the prosecutrix, who is major of 25 years, knows that her marriage with the petitioner is not possible but still she is pressurizing him and his family for this marriage.
He has been engaged to another girl in May, 2013 and the prosecutrix is forcing him to break the engagement and solemnize marriage with her. His marriage was fixed for 12th of September, 2013 and marriage cards had been distributed before September 8, 2013.
The prosecutrix, however, in a well hatched conspiracy has lodged report against him leveling false and frivolous allegations and FIR has been registered on 11. 09 . 2013. The Police have arrested the petitioner.
The court after hearing Adv Pawan Kumar Kundal appearing for the petitioner observed that the allegation of the prosecutrix is specific too and needs to be looked into in context with petitioner's contention that his marriage with another girl has been settled and invitation cards were also distributed before 8th September, 2013. Allegation implies that even after settlement of his marriage to another girl, the petitioner took the prosecutrix forcibly with him and raped her thrice in a field. This allegation may be true or may not, but cannot be rejected by quashing the FIR without investigation.
The court further observed that FIR is at the pre investigation stage, as in this case, can be quashed, if allegations made by the complainant do not prima facie constitute any offence or make out a case against the accused, even if, uncontrovered allegations are taken at their face value. It is not so here. With these observations Court dismissed the petition seeking quashment of FIR. (JNF) |
