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| HC quashes FIR in rape case | | | Early Times Report
JAMMU, Sept 26: In a petition filed by Balkar Singh seeking quashment of FIR No 113/2017 registered at Police Station, Channi Himmat, Jammu for commission of offences punishable under Sections 376, 376-C, 420, 503 and 506 Ranbir Penal Code, in which the petitioner is alleged to have committed sexual intercourse against the prosecutrix on the pretext of providing her a plot of land at cheap rate located at National Highway site Kathua. Justice Tashi Rabstan while quashing the FIR observed that judicial process cannot be allowed to be converted into an instrument of oppression or harassment and if the same is sought to be abused by a person with some oblique motive, the Court has to thwart the attempt at the very threshold for advancement of justice. Viewed thus, the petition is allowed. The impugned FIR No. 113/2017, registered with Police Station, Channi Himmat, Jammu, is hereby quashed.
Justice Tashi Rabstan further observed that counsel appearing for the petitioner submitted that it is apparent from bare perusal of contents of the complaint that the prosecutrix was subjected to sexual intercourse on the pretext of giving her a plot of land at cheap rate. It has nowhere mentioned in the complaint about date and time of incidents. The prosecutrix is admittedly a major and her medical tests have not confirmed the rape. The basic ingredient to constitute the sexual offences is that the same is committed against the will of prosecutrix or without her free consent. It is discernible from reading of complaint that the prosecutrix has freely consented for sexual intercourse and there was no force or coercion by petitioner on the date of incidents. Even if the contents of complaint are taken as a whole, ingredients of Sections with which the petitioner is charged with are not satisfied. On this count only, FIR deserves to be quashed to prevent the abuse of process of law. It is also to be noted that prosecutrix in her statement under Section 164-A CrPC, which was re-recorded on the directions of this Court has belied the allegations leveled in complaint by stating that allegations were made under the influence of her fiancé Shabir Ahmed who wanted to extract money from the petitioner by blackmailing him. Thus, the statement of prosecutrix and the submissions made on behalf of the counsel in this behalf further fortifies the view to quash the impugned FIR. JNF |
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