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2017 Supreme(J&K) 483

SANJAY KUMAR GUPTA
Roshan Sharma – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sunil Sethi, Mr. Sumit Nayyar
For the Respondents: Mr. L.K. Moza, Mr. Surjeet Singh Andotra

JUDGMENT :

1. Petitioner invokes inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing FIR No. 236/2014 dated 19.11.2014 registered at Police Station Rajbagh, Kathua under Section 376/420 RPC.

2. In this petition, it has been stated that petitioner has been falsely and wrongly implicated in case FIR No. 236/2014 registered by the respondent No.2 for commission of offences punishable under Sections 376/420 RPC, on the basis of complaint filed by the complainant alleging therein that she had a love affair with the petitioner on the promise of marrying her and had allegedly committed sexual intercourse with her. The aforesaid FIR has been lodged by projecting two important aspects:

(a) The complainant was minor on the date of alleged commission of offence.

(b) The alleged incident of sexual intercourse has taken place in a cinema hall when the film was running.

3. A reference to the aforesaid two aspects clearly shows that the stage two is not believable and it is highly inconceivable that any such activity could take place in a public place like cinema hall. Insofar as stage (a) is concerned, it is submitted that the complainant was major as on the date of alleged o



















































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