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2013 DIGILAW 1362 (MP)

Veerchand Patel v. State of M. P.

2013-11-12

G.S.SOLANKI

body2013
JUDGMENT : G.S. Solanki, J. 1. Heard finally with the consent of the learned counsel for the parties. This petition has been filed by the applicant invoking the extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C. for quashing the FIR and further proceedings thereto arising out of Crime No. 1/2013 registered at P.S. AJK, Katni for the offence punishable under Sections 376, 506 of the IPC and Sections 3(2)(v), 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act pending before Special Judge, Katni in Criminal Case No. 1134/2013. 2. The facts, in short, giving rise to this petition are that the prosecutrix has lodged a report against the applicant on 1.2.2013 alleging that the applicant has committed rape on her at abut 10:00 AM. On the basis of aforesaid report a crime under Sections 376, 506 of the IPC and Sections 3(2)(v), 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act has been registered against the applicant. After due investigation, the applicant has been charge sheeted before Special Judge, Katni, hence this petition has been filed for quashing the said proceedings. 3. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case. A report (A-3) was made by the applicant against the mother-in-law of the prosecutrix, as a result of which she has been expelled out from the service of Kotwar. Counsel has further submitted that applicant being Sarpanch of Gram Panchayat Patehra forwarded the report (A-4) against the prosecutrix and her mother-in-law which was to the effect that they were involved in the activity of selling contraband (Ganja) and illegal liquor. A resolution has also been passed in Gram Panchayat Patehra on 15.8.2012 to the effect that the prosecutrix and her family members are habitual to lodged false report against general public. It is further submitted that during investigation, in the medical report of applicant, it has been found that slide of semen could not be prepared because of semen was not come out after prolonged masturbation, therefore, the applicant is not able to perform the sexual intercourse. On the basis of the aforesaid arguments, the counsel has vehemently argued that the applicant has been falsely implicated in this case. On the basis of the aforesaid arguments, the counsel has vehemently argued that the applicant has been falsely implicated in this case. No prima facie case is made out against the applicant under Sections 376, 506 of the IPC and Sections 3(2)(v), 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act, therefore, the FIR and further proceedings thereto arising out of Crime No. 1/2013 registered at P.S. AJK, Katni pending before Special Judge, Katni in Criminal Case No. 1134/2013 be quashed. 4. Learned counsel for the State has submitted that the prosecutrix has lodged the report on the same day of incident. In the MLC report abrasion has been found on the person of the prosecutrix, which is a sign of resistance made by the prosecutrix. Thus, there is strong prima facie case against the applicant, therefore, this petition is liable to be dismissed. 5. I have heard the learned counsel for the parties at length and gone through the case diary, FIR, statements of prosecutrix and other witnesses recorded under Section 161 of the Cr.P.C., MLC report of the prosecutrix and other material on record. Learned counsel for the applicant has submitted that the applicant has been falsely implicated in this case because being a Sarpanch, he forwarded a report against mother-in-law of the prosecutrix as a result of which she has been expelled out from the service of Kotwar. In my opinion, it may be a good ground for defence but same cannot be taken into consideration at this stage specially when there is a statement of the prosecutrix that the applicant has committed rape on her. Apart from that, it has also come on record that the prosecutrix has lodged the report on the same day of the incidence. In her MLC report, abrasion was also found, which shows that she resisted at the time of committing rape by the applicant. In these circumstances, in my opinion, it is not a case where if the criminal proceedings are allowed to be continued against the applicant, same would amount to abuse of process of Court. Consequently, the petition being devoid of merits, is hereby dismissed.