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VIJAY BISHNOI
Jitendra – Appellant
Versus
State Of Rajasthan – Respondent
ORDER
1. This criminal misc. petition has been filed by the petitioners challenging the FIR No.397/2019 dated 02.11.2019 of Women Police Station, Hanumangarh.
2. The impugned FIR is lodged by the complainant-respondent No.2 alleging that she is living with her widow mother at Ward No.8 of Village Dablibass Pema of District Hanumangarh. It is alleged that the petitioner No.l resides near the house of the complainant and is keeping bad eye on her. It is also stated that as the complainant has no brother, the petitioner No.l used to visit her residence often. In the year 2018, the petitioner No.l got signatures of the complainant on certain stamps and other documents on the pretext of providing her a job. It is further alleged that all the petitioners started misusing complainant's documents and on 13.10.2019, they took her to Hanumangarh and got her signatures on several documents and have also threatened to viral her photos and videos and when she started crying, they took and kept her in a hotel, where she was raped. It is alleged that the complainant was kept in illegal confinement for two to three days. It is further alleged that petitioner No.l had sexually assaulted and threatene
Prima facie cognizable offence must be made out from the contents of the FIR to prevent quashing of the FIR.
An FIR can be quashed if no case for the commission of an offence is made out from the allegations in the FIR.
At the stage of quashing an FIR, the court should refrain from considering the truthfulness of the allegations and should not exercise powers under Section 482 Cr.P.C. if a case for the commission of....
Consensual relations and abuse of process of law.
(1) Rape – In every case of rape, act of sexual intercourse must be forcible and without consent of woman/lady – Consent obtained by fraud amounts to no consent.(2) Misconception of fact – Breach of ....
The court upheld the sufficiency of evidence for prosecution under IPC sections related to sexual offenses, dismissing the petition to quash the FIR.
The inherent powers of a High Court under S.561-A Cr.P.C. cannot be invoked without a legal bar to FIR lodging, and appreciate of evidence is reserved for trial courts.
Consent obtained under false promises of marriage is invalid under Section 90 IPC, warranting further investigation into allegations of sexual offences.
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