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2007 DIGILAW 1362 (PAT)

Anjan Kumar v. State Of Bihar

2007-08-17

S.C.JHA

body2007
Judgment 1. Dr. Anjan Kumar, the petitioner has filed this application for quashing the F.I.R. including investigation done so far in Gaya Kotwali RS. Case No. 262/05 dated 18.12.2005 instituted for the offence under Section 376 of the I.P.C. pending in the court of C.J.M., Gaya. 2. Heard learned counsel for the petitioner and State. 3. The informant, Puja Shilpi has lodged the F.I.R. which has been registered on 18.12.2005 on the basis of her fard beyan recorded on the same day. She has stated date of occurrence as 9/10th November, 2005. As per her statement, she is aged about 19 years, (on the date of institution of this case) and a student of M.B.E.S. College of Engineering, Amba, Jogai, Distt. Bid in the State of Maharashtra. The petitioner, Dr. Anjan Kumar, happens to be the husband of Bhawna, who is aged about 35 years, Bhawna is the cousin sister (Phupheri Bahan, fathers sisters daughter). Dr. Anjan Kumar is a lecturer in a college in the distt. of Latur, in the State of Maharashtra, which is situated under the distance of 45 K.M. from Amba Jogai, Puja Shilpi, joined aforesaid Engineering College which is situated at a distance of 45 KMs. from Latur, where the petitioner is a lecturer of English in Dayanand College of Arts, at Latur. Puja Shilpi used to live in the girls hostel of the said Engineering College where the petitioner was enrolled as a local guardian of Puja Shilpi in the Hostel Register and as such, the petitioner used to visit her hostel once or twice in the month so as to enquire about her well being. 4. The allegation further goes to show that on or about 9 or 10th November, 2005, the petitioner took the informant Puja Shilpi to his house on the pretext of his wifes (Bhawna) illness, but, when she (Puja Shilpi) reached the residence of petitioner, she did not notice presence of Bhawna or children of Bhawna and on query, she was told that condition of her sister had been deteriorated and so she had been admitted in the Hospital. Meanwhile, she was offered cold drink and after consuming the same, she fell asleep, lost to control her senses but when she woke up, she found petitioner, Dr. Meanwhile, she was offered cold drink and after consuming the same, she fell asleep, lost to control her senses but when she woke up, she found petitioner, Dr. Anjan Kumar, sleeping naked by the side of her, of course, she was also made almost nude and when she tried to raise alarm, she was threatened not to do so on the pretext that her nude photograph had been taken by him and in case, she would dare to do so, the said photographs would be given to her family members. So, it has been stated in the fard beyan that on account of prestige of the family involved, she kept mum and thereafter, she was told by the petitioner that his wife (Bhawna) had gone along with the children to Patna and in this way, she was confined in the house of the petitioner for 3-4 days. During the said period she was raped by this petitioner. She, then came back to Gaya and narrated such happenings to the family members and then a case was registered as stated above. 5. The learned counsel for the petitioner has advanced his contention to this effect that continuance of the investigation at Gaya, for the offence, which is said to have taken place at Latur,, in the State of Maharashtra, is without jurisdiction and in that context of the matter, neither Gaya Police nor the court at Gaya has got any territorial jurisdiction over the place of occurrence in respect of institution of F.I.R. at Gaya and therefore investigation by Gaya Police is hopelessly barred. 6. The learned counsel has also referred Section 177 Cr.P.C. wherein it has been stated that every offence shall ordinarily be inquired into and tried by court within whose local jurisdiction, it was committed. The learned counsel has also referred Sections 156 and 157 Cr.P.C. to support his argument to this effect that very continuance of the investigation by Gaya police would only amount to misuse of process of law. 7. The learned counsel has also referred Sections 156 and 157 Cr.P.C. to support his argument to this effect that very continuance of the investigation by Gaya police would only amount to misuse of process of law. 7. Of course, the learned counsel has referred several decisions of this Court as well as Hon ble Apex Court, but, in course of argument, he has fairly submitted that there is no legal bar so far institution of case at Gaya or anywhere in india is concerned, but trial of such case could only be held at the place within whose jurisdiction the place of occurrence is situated. So, in that context of the matter, he has urged, for transfer of the investigation to Latur police in the State of Maharashtra. 8. On the other hand, the learned counsel for the Siate and the informant joining the hands of learned A.P.R, for the State have submitted that the jurisdiction of Gaya police for the purpose of investigation, cannot be said to be illegal, in view of the fact that Puja Shilpi was first of all sexually assaulted in the bed room of this petitioner by inducing her to take some intoxicating substance in the cold drink and taking advantage of her incapability to protest such act of the petitioner, he got her almost nude. She was terrified and her naked photographs were also claimed to have been managed by this petitioner. Puja Shilpi was hardly 19 years of at that time and she has all along been treating the petitioner as her guardian but she was kept confined and taking advantage of his dominant position, he went on committing sexual intercourse forcibly. However, after 3-4 days, she managed to escape from the house of this petitioner and went her Hostel, but she was again extended threat by this petitioner on Mobile, while she was living in the Hostel. Not only that, put of fear, she had to leave her Engineering Classes and came back to Gaya. 9. Perused the xerox copy of the entire case diary commencing from para-graphs-1 to 189 written till 8.3.2007. It would be desirable to refer paragraphs 8, 9, 15, 17, 27, 33, 35, 37, 40, 44, 46, 48, 52, 56, 60, 66, 70, 72, 75, 78, 90, 93, 106, 117, 120, 123, 149, 151, 157, 160, 171, 174, 178 and 185. 9. Perused the xerox copy of the entire case diary commencing from para-graphs-1 to 189 written till 8.3.2007. It would be desirable to refer paragraphs 8, 9, 15, 17, 27, 33, 35, 37, 40, 44, 46, 48, 52, 56, 60, 66, 70, 72, 75, 78, 90, 93, 106, 117, 120, 123, 149, 151, 157, 160, 171, 174, 178 and 185. From aforesaid paragraphs of the case diary, it would appear that the petitioner was having a dominant role in the family of the informant. It has come that at the time of marriage of this petitioner with Bhawna, the informant was hardly 3-4 years old. So, taking advantage of his relationship, he was trusted by the family members of Puja Shilpi but, he committed rape in the aforesaid manner. It has also come in course of investigation in the written statement of Puja Shilpi (Paragraph-8) that even after she left her study and came down to Gaya, she was extended threat by this petitioner. The petitioner had been to Gaya at her house and extended threat of exposing and making public of her nude photographs and pressurised her to come over to Latur in the State of Maharashtra. Statement of Rita Sinha (Paragraph-9), mother of the informant has also corroborated to this fact that this petitioner had come down to Gaya and used to pressurise her to pursue her study at Latur in the State of Maharashtra and threat was being extended on telephone. So. presence of this petitioner at Gaya in continuance of the offence, so as to pressurise the informant to come down to Latur is manifest from such material in the case diary. It has also come in course of investigation that he used to extend threat on telephone while informant was at Gaya of exposing obsence/ nude photographs. Such extension of threat could only mean, in the aforesaid circumstances for the pur-pose to fulfil his sexual lust. The medical evidence also gives to show that there was no sign of rape but it could not be denied. She was no more found virgin. Puja Shilpi was estimated in medical examination, about 18 years, and 6 months old. Such extension of threat could only mean, in the aforesaid circumstances for the pur-pose to fulfil his sexual lust. The medical evidence also gives to show that there was no sign of rape but it could not be denied. She was no more found virgin. Puja Shilpi was estimated in medical examination, about 18 years, and 6 months old. It has also been recorded in paragraph-17 that there was persistent threat and chase of Puja Shilpi on telephone, also by sending several SMS to expose her nude photographs so as to pressurise her to come down to Latur in the State of Maharashtra. There is sufficient material in the case diary to show that Puja Shilpi was the topper of Engineering Examination and she stood first in her exam, but even then, she had to abandon her study mid way,, only for the fear of this petitioner. A brilliant and promising student Iike Puja Shilpi cannot be supposed to ruin her academic career but only for the reason of fear psychosis. 10. From the aforementioned paragraphs, it is also important to note that Latur police has been gained over by the petitioner and inspite of direct allegation and a lot of communications, presuasions by Gaya police, the warrant of arrest or process issued against him from Gaya, has not uptil now been executed. Latur police, on the one pretext or the other, has not been co-operating with the Gaya police. The petitioner is evading arrest. Reference of Paragraph-149 and other relevant paragraphs would go to show that in all SMS exceeding 59 in numbers, most filthy and vulgar language of Hindi, has been sent by this petitioner at Gaya from his Mobile to threat her and such vulgar language in Hindi, although, in Roman script cannot be reproduced here. All abuses have been hurled on the informant, her mother as also her close relatives who are pursuing her matter on her behalf. 11. In the facts and circumstances, as specifically considering the background under which a young teenage girl had to leave her brilliant academic career as she is stated to have secured more than 660 Marks out of 800, only for the rape committed on her and for the stigma and humiliation, trauma, under which she could be presumed to have been ungergoing, 12. It has also come in the case diary that when she did not want to pursue her study, there was offer from her batch mates, teachers of that Engineering College to extend all help so that Puja Shilpi, a brilliant student could enhance the image of such Engineering College in future. But, alas! she could not continue her study for the sexual assault, for the humiliation under which she could be presumed undergoing these days. The justice could only be done if proceeding continues at Gaya where this helpless informant is residing. 13. The present position in the aforesaid circumstance is that petitioner being a prominant person who has settled down in Latur, Lecturer in a prominant college, has not, uptil now been arrested or no warrant of arrest has been arrested or no warrant of arrest has been executed against him. Nor there is any execution report in respect of process issued against him under Sections 82 and 83 Cr.P.C. with the connivance of Latur police; which shows in all fairness, that she would not get any justice because of her incapacity to raise her voice there in Maharashtra. 14. In the facts and circumstances it can be inferred that it is not the sexual assault in the form of rape, rather it is in continuance of such rape, the pititioner has all along been extending threat to the informant and her mother to pressurise her, for the purpose that she could come down to resume her study in Maharashtra so that he could fulfil his further sexual desire. Such extension of threat as depicted in paragraph 140 of the case diary in the form of SMS can only be suggestive of the fact that it is a continuing offence. Moreover, Latur police, as has been revealed from several paragraphs referred to above, has not been extending any co-operation so far apprehension of accused or execution of process against him is concerned. In such situation, it is manifest that a fatherless brilliant girl like informant, would not get any justice, if such trial is commenced at Latur in the State of Maharashtra where the influence and dominance of the petitioner can only be understood for the aforesaid reasons. 15. The application challenging the jurisdiction of the proceeding has no merit in view of the background, state of affairs, as stated above. 15. The application challenging the jurisdiction of the proceeding has no merit in view of the background, state of affairs, as stated above. Gaya Police is further directed to locate the Mobile number through which several SMS has been sent as stated in paragraph-149, numbering 59 such messages. 16. In the result, the petition stands dismissed.