Court held that sufficient evidence in the charge sheet necessitates trial for accused individuals despite their claims of lack of involvement.

ORDER :

J.M. Khazi, J.

Petitioners who are arraigned as accused Nos.2 to 9 have filed this petition under Section 482 Cr.PC, with the prayer to quash the criminal proceedings initiated against them in crime No.144/2023 of Ballari Woman PS (Special case No.72/2024) on the file of FTSC-1, Ballari, for the offences punishable under Sections 363 , 366, 342, 307 , 376(2)(n), 109, read with Section 34 of IPC .

2. For the sake of convenience, the parties are referred to by their ranks before the trial Court.

3. Based on the complaint filed by Ramu Naik father of the prosecutrix, the concerned police have registered case in crime No.144/2023 and after detailed investigation filed a charge sheet against accused Nos.1 to 9 for the offences punishable under Sections 363 , 366, 342, 307 , 376(2)(n), 109, read with Section 34 of IPC . It is the case of the prosecution that at the relevant point of time prosecutrix was studying in first year BA at Narayana College Hyderabad and she was also taking coaching for IAS examination. On 17.08.2023, at 09.00 PM she came to Ballari, as all the family members had planned to visit Tirupati on 18.08.2023. At 12 noon, at the request of her mother, prosecutrix went to a nearby Kirana stores belonging to CW11 to purchase soap and powder for use during traveling.

4. However, even after 01.00 PM, she did not return home and after coming to know about the same, her father i.e., complainant along with CW11 to 15 searched for her at Ballari, Hospete, Guntakall and other places, but did not find her. Suspecting that accused No.1 might have taken her away on the instigation of remaining accused persons, he filed complaint on 19.08.2023. The investigation reveal that on 18.08.2023, while the prosecutrix was proceeding on street near old school building, accused No.1 came there on Honda Livo CBF110G Motor cycle bearing registration No.KA34/EG–1689 and forcefully took away the prosecutrix, by giving threat that if she resist, he would upload the videographs of prosecutrix and himself in a compromising position.

5. The investigation further revealed that accused No.1 brought the prosecutrix to Guntakal railway station. Though they were given tickets to go to Bombay, by mistake accused No.1 and prosecutrix travelled in train to Chennai. At Chennai accused No.1 took room on rent at Kovil Street belonging to CW19 and kept the prosecutrix in the said room under threat.

During this period, accused No.1 forcefully had sexual intercourse with the prosecutrix. Accused Nos.2 to 9 helped accused No.1 to abduct and commit rape on the prosecutrix and thereby all the accused have committed the offence punishable under Sections 363 , 366, 342, 307 , 376(2)(n), 109, read with Section 34 of IPC .

6. Accused Nos.2 to 9 are seeking quashing of criminal proceedings initiate against them contending that the complaint does not disclose any offence as alleged by the prosecution. In the missing complaint, the complainant has only suspected accused No.1 to be involved in the missing of his daughter. Nothing is whispered about the involvement of other accused. On 28.08.2023 at 6:30 PM, complainant has filed one more complaint before the woman police station alleging that his father Biliya Naik seen accused No.1 and other accused kidnapping the prosecutrix, but the said statement does not reveal the presence of accused Nos.2 to 9. According to the complainant, Raja Naik and Giri Naik also informed him that they have seen accused Nos.1 to 9 kidnapping the Prosecutrix.

If at all complainant's father has seen accused Nos.2 to 9 kidnapping the prosecutrix, complainant would not have kept quite. The complainant has falsely implicated accused Nos.2 to 9. Only to falsely implicated accused Nos