Quashing of criminal proceedings requires categorical accusations and prima facie evidence; mere claims of ulterior motives are insufficient.

JUDGMENT :

MRIDUL KUMAR KALITA, J.

1. Heard Mr. R. Majumdar, the learned counsel for the petitioner. Also heard Mr. K. Baishya, the learned Additional Public Prosecutor appearing for the State of Assam. Also heard Mr. S. Gogoi, the learned counsel for the Respondent No.2.

2. This application under Section 528 of BNSS , 2023 has been filed by the petitioner, namely, Sri Madhab Krishna Goswami, praying for quashing of the criminal proceedings of PRC Case No. 100/2023, pending before the Court of the learned Sub-Divisional Judicial Magistrate(M), Jonai. The aforesaid PRC Case was registered on the filing of the charge-sheet, after completion of the investigation which was initiated after filing of an FIR by the victim girl on 25.03.2023. On the basis of the said FIR, the Simen Chapori P.S. Case No. 14/2023 was registered under Sections 376 (2)(k)/376(2)(n)/509 of the INDIAN PENAL CODE .

3. The facts relevant for consideration of the instant Criminal Petition, in brief, are that on 22.03.2023, the victim girl, hereinafter referred to as “X”, had lodged an FIR before the Officer-in-Charge of Simen Chapori Police Station. In the said FIR, it has been alleged that the victim/first informant, was a resident/student of Sri Sri Sewa Ashram situated at Silapathar of Dhemaji District, since she was four years of age. It was alleged in the FIR that the petitioner, who was the head of the Director of Sewa Ashram, by showing on various pretexts, used the victim girl as housemaid to look after his disabled child.

4. It is also alleged that on various pretexts, the petitioner arranged the stay of the victim girl in a hotel. In the month of January- February of year 2023, she was sexually assaulted and raped by the petitioner every night. It is also stated in the FIR that finding no way out on 27.02.2023, at around 7.00 a.m., the victim girl boarded Silapathar- Uttar Lakhimpur train and returned to her house at Chaboti Choukham village. It is also alleged that subsequently, the son and daughter of the petitioner visited the residence of the victim girl at her village and threatened to lodge an FIR against her brother. It is also alleged in the FIR that in the year 2018, the petitioner tried to sexually harass another girl of Sri Sri Sewa Ashram and a case was registered against him. The victim girl has also stated in the FIR in the same case to save the petitioner, that the wife of the petitioner forced the victim girl to lodge an FIR against one Girish Saikia. It is also stated in the FIR that the FIR lodged against Girish Saikia is completely false.

5. On receipt of the said FIR, Simen Chapori P.S. Case No. 14/2023 was registered and investigation was initiated. Ultimately, after completion of investigation, charge-sheet was laid bearing charge- sheet No. 33/2023 dated 31.10.2023 under Sections 376 (2)(k)/376(2)(n)/509 of the INDIAN PENAL CODE against the present petitioner. In the charge- sheet, 12 numbers of prosecution witnesses are listed for proving the prosecution case. In addition to that, 21 numbers of documentary evidence are also listed in the charge sheet for proving the prosecution case.

6. Mr. R. Mujumdar, the learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in this case and he is not i