The importance of corroborative medical evidence, the necessity of conducting an enquiry under Section 202(1) of Cr.P.C., and the significance of raising alarm or informing authorities about criminal incidents.

JUDGMENT :

(Mayank Kumar Jain, J.) :

1. Heard Sri Ajay Sengar, learned counsel for the applicant, Sri Ajay Singh, learned counsel for the complainant and learned AGA for the State.

2. Present application has been filed by the applicant under Section 482 Cr.P.C. praying for quashing the entire proceedings of Complaint Case No. 0009 of 2023, arising out of Criminal Case No. 0164 of 2023 (Smt. Vibha Prajapati vs. Shishir Gupta & Others) under Sections 376D of IPC and Section 5G/6 of the POCSO Act, 2012, Police Station Kotwali Orai, District Jalaun, pending before the learned Additional District & Sessions Judge/Special Judge (POCSO Act), Jalaun at Orai.

3. Opposite party no. 2 filed a complaint against the applicant and other persons under Sections 328 and 376 of IPC and Section 5/6 of the POCSO Act, 2012 Police Station Kotwali Orai, District Jalaun.

4. The allegations in the complaint are summarised thus:

4.1. The applicant, who was working as a Contractor, opened an office in the name and style of S. K. Enterprises in the house of one R.S. Gupta at Tulsi Nagar, Orai, District Jalaun. Opposite party no. 2 came to know that there was a vacancy of a Clerk and a Stenographer in the office of the applicant. She met the applicant in the year 2015 for such job and was asked to approach after one week. She was offered a job of Clerk in the office of the applicant on monthly payment of Rs. 5000/-.

4.2. After 15-20 days, the applicant called the complainant at his office at 9:00 PM. When she reached the office at around 8:30 PM, she found the applicant and one Ajit Singh to be present there. She was offered a cup of coffee by the applicant. After consuming it, she lost her senses. When she regained consciousness, she found that there were no cloths on her body. The applicant and Ajit Singh had committed rape with her.

4.3. When the complainant informed that she will file a complaint against them with the police, they showed her an obscene video and threatened to make this video public in case she filed any complaint or told her family about this incident. The applicant and Ajit Singh raped her on several occasions after this, under the pretext of leaking the obscene video.

4.4. During the nationwide lockdown in 2020, the applicant closed his office at Orai. There was no communication between the applicant and the complainant during 2020 to 2023. In the month of September 2023, the applicant called the complainant and asked her to work with him again, but she refused. The applicant showed some indecent photographs and video to her and threatened to make these photos and video public in Orai and send it to her family members if she does not accompany him.

4.5. She became very frightened. She was taken to an unknown house by the applicant where Sardar Ajit Singh was already present. They raped her without her consent. Thereafter they took her in the car and after some distance removed her and left from there saying that they have opened their office in Noida. She has to come there whenever called otherwise she would have to face serious consequences. Firoz Khan and Ghanshyam were passing from there at that time. Upon enquiring with her, she narrated the entire incident to them.

5. Sri Ajay Sengar, Learned counsel for the applicant submitted that :

5.1. One Ritesh Gupta, resident of Madhya Pradesh is also a Railway Contractor and has business rivalry with the applicant. He felt enemity with the applicant. He planned to implicate the applicant in this heinous crime. The complainant is managed by the gang of false criminal litigations.

5.2. After recording the statement of the complainant under Section 200 of Cr.P.C., the Court concerned directed the Chief Medical Officer, Jalaun by order dated 04.10.2023, to medically examine her and submit his report. But the complainant refused to undergo internal and external medical examination on 18.10.2023. The Chief Medical Officer, Jalaun submitted his report to the Court concerned about the refusal made by the co