JUDGMENT :

Heard Mr. S. Borthakur, learned counsel for the petitioner. Also heard Mr. M. Ahmed, learned counsel for the respondent victim and Ms. S.H. Bora, learned Additional PP, Assam.

2. The present application is filed under Section 482 of the Cr.P.C. praying for quashing and setting aside the proceeding initiated on the basis of Dalgaon Police Station Charge-sheet No. 227/2022 dated 31.08.2022 and the corresponding proceeding of Sessions case No. 238 (DM) /2022 under Section 376/406 IPC.

3. Perused the material available on record including the FIR and the statement of the victim girl recorded under Section 164 Cr.P.C. as well as her testimony before the learned court below.

4. From the FIR, the following averments are discernible :

I. The present petitioner and the victim had love affair since their childhood and with promise to marry, the accused had sexual intercourse with her.

II. Though the accused promised to marry her, however, he went to Saudi Arabia in connection with his job and continued to maintain his relation through phone and promised that he will marry her after returning from Saudi Arabia.

III. After returning from Saudi Arabia, on 13.07.2022, the accused persons including the present petitioner kidnapped her from Besimari market and the present petitioner raped the victim and the other accused severely beaten her up to kill her.

IV. On the basis of the aforesaid FIR, the case was registered as discussed hereinabove.

5. In her 164 Cr.P.C. statement, the victim deposed that after coming from Saudi Arabia the present petitioner called her on 08.07.2022 and asked her to meet him but the victim did not meet him and therefore, he kidnapped her from Besimari at around 2.30 p.m. on 13.07.2022.

6. She further stated that there are 3/4 persons not known to her. She further deposed that she was raped by the accused. Thereafter, neighbours came upon and after sometime police personal rescued her.

7. In her 161 statement, she deposed that she was kidnapped and the accused committed rape on her. She also deposed that she is 21 years of age and the accused loved her when she was a minor and towards the end of 2018 he went to Saudi Arabia for work and promised her verbally that he would marry her after returning.

8. The case diary reveals that the investigating officer has recorded the statement of witnesses.

9. From the 161 statement of the aforesaid witnesses more particularly, one fruits owner of Besimari, two sweet shops owner and one Home Guard, who were present on the date of alleged occurrence of kidnapping on 13.07.2022 at Besimari at the relevant point of time as alleged have deposed that they have not seen any incident of any kidnapping or any such action. The Home Guard specifically stated that the police personal from the police station always remains present in the Besimari and nobody has seen any incident of kidnapping occurred on that date as alleged by the victim.

10. Another person, whose statement was recorded under Section 161 Cr.P.C. relating to the offence allegedly committed in the house of the accused, has stated before police that he was present in his house on the alleged date around 2.30 p.m. police searched the house of the accused and on that time no one was present in the house other than the mother of the accused.

11. Statement of another witness, which is witness to the allege incident and witness to the search of the house of the accused also stated before police that when the police searched the house at 2.30 p.m. no one was available in the house and accused was not there. He further stated before the police that he had seen the informant coming in an E-Rickshaw to the house of the accused at around 3 / 4 p.m. on 13.07.2022.

12. Another statement of a witness recorded by the police reveals that he saw the victim girl coming in an e-rickshaw to the house of the accused and after de-boarding from the e-rickshaw he saw her entering into the house of the accused. Later on he came to learn that the said gir