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S. G. MEHARE
Nihalsing Chandrasingh Rathod – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. Rule. Rule made returnable forthwith. Heard finally with the consent of parties.
2. The applicants/accused have impugned the order rejecting the prayer for discharge dtd. 9/11/2021 passed by the learned Additional Sessions Judge, Dhule in Sessions Case No.45 of 2018.
3. The complainant is the maternal sister of accused no.2/ Manisha and accused no.1 is her husband. The first incident of rape allegedly happened on 17/7/2017. It has been alleged that the stupefying substance was administered to the victim through food, then applicant no.1 did forceful sex with her. When she gain her sense, she was naked. She enquired with accused no.2 about the forceful sex, but she did not pay heed. The second incident happened on 11/10/2017 in bathroom. There also the accused no.1 did forceful sex with her. After the first incident, she was blackmailed and threatened to make the video of her forceful sex viral. The victim is a widow. She filed an application under Sec. 156(3) of the Criminal Procedure Code. On the order of learned Magistrate, the crime was registered. The evidence was collected and the charge sheet has been filed.
4. The present applicants/accused claimed that the allegatio
The court emphasized the limited scope of interference by the court in revisional jurisdiction against the order denying discharge and the need for sufficient material on record to frame the charge.
The court affirmed that a prima facie case is necessary for proceeding with trial, and delay in filing a complaint is not automatically grounds for discharge.
The main legal point established is the requirement of grave suspicion to frame charges, the significance of tower locations and call detail records in establishing presence, and the importance of as....
The court emphasized that at the stage of framing of the charge, the trial court is required to evaluate the material and documents on record to determine if there is ground for presuming that the ac....
Point of Law : Gang Rape - Discharge - If two views are equally possible and the Judge is satisfied that the evidence produced before him while giving rise to some suspicion but not grave suspicion a....
The accused's submission at the stage of framing of charges is limited to the material produced by the prosecution, and the victim's testimony during trial cannot be considered at the stage of discha....
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