RAKESH KAINTHLA
Rajiv Goyal – Appellant
Versus
State of H. P. – Respondent
JUDGMENT :
Rakesh Kainthla, J.
The petitioner has filed the present petition for quashing of FIR No. 56/19, dated 31.10.2019 registered under Sections 376 and 506 of IPC and Section 67 of the Information Technology Act, 2000 in Women Police Station, Solan, H.P.
2. The informant made a complaint to the Police that she had filed a case under the Domestic Violence Act in 2014. The petitioner used to help and call her to Shimla to discuss the case. He gave something to her in her drink and had sexual relations with her forcefully. He obtained the nude photographs and videos. Subsequently, the case was resolved and the victim started residing with her husband. The petitioner started threatening her. She blocked him. The victim came in contact with one lady and became close friends. She called the victim to her house and took photographs of the victim. She started taking money from the victim. When the victim refused, she started trolling the victim on Facebook. She also uploaded photographs of the victim. The petitioner came in contact with her and supplied photos and videos of the victim to that lady. These photographs were uploaded on the internet. The matter was reported to the police.
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Delay in filing an FIR for sexual offences does not invalidate the complaint; jurisdiction of police upheld due to the continuing nature of the offence.
Right to protection from sexual harassments is universally recognised basic human rights - Common minimum requirement of right has received global acceptance. This right has been embodied in Articles....
The court emphasized that when a victim alleges rape and states there was no consent, the presumption under Section 114A of the IPC must apply, reinforcing that such matters must be resolved in a ful....
An FIR can be quashed if it does not prima facie disclose a cognizable offence, requiring sufficient evidence to sustain allegations of forgery and intimidation.
Territorial jurisdiction of Court – Although for trial of a case instituted on a police report no provision parallel to Section 201 of Cr.P.C. has been prescribed, there is no difficulty in borrowing....
Power under Section 482 Cr.P.C. is very wide, but conferment of wide power requires court to be cautious. It casts an onerous and more diligent duty on court.
The court established that judicial interference in police investigations is limited and should only occur in exceptional cases to prevent miscarriage of justice.
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