The Bombay High Court quashed FIR against the man who was accused of an offense of rape. The Court noted a long standing association between the widow and the accused and that the relations developed between them were consensual.
Brief Facts:
Respondent no. 2, a widow, complained against the applicant that he entered her house on the pretext of drinking water and when she went inside, he followed her, embarrassed her and by brandishing a knife and issuing threats to kill, he had forcible sexual intercourse with her. She did not resist as the applicant threatened to kill her children if she informed any one. According to her, accused continued to harass her and have forcible sexual relations with her. Therefore, getting fed up with his conduct and behaviour, she claims that she approached the police and set law in motion.
Contentions of the Petitioner:
The learned Counsel submitted that the informant is a widow with two children and resides in a thickly populated locality. He added that the widow had been acquainted with the accused for a long time, and whatever relations developed were consensual. He strenuously submitted that alleged forceful sexual relations at knifepoint to a full-grown lady in her own house is impossible. Therefore such allegations are false and afterthought. Consequently, he prayed for invoking the inherent jurisdiction of this Court under Section 482 of Cr.P.C. for quashing the FIR and the consequent proceedings.
Contentions of the Respondent:
It was contended by the learned Counsel of the Respondent that the applicant has taken the disadvantage of a widow having two children. At knifepoint, the informant was repeatedly ravished. He further added there was no consensual act at any point of time. Instead, according to him, to save children from accused, she avoided resisting the sexual encounters advanced by the applicant.
Observation of the Court
This Court, after examining the FIR, noted that instances of FIR were reported to the police for the first time directly after six months. Her supplementary statement also showed that she had even entrusted her ATM card for operation. Therefore, with such material on record, this Court presumed that there is long standing association between the accused and informant since the lifetime of her husband.
This Court, after taking into consideration the statements of the jeweller, neighbours and parents of the widow, opined that the allegations of rape levelled against the applicant do not inspire confidence and seem to be consensual. The Court noted that “it is difficult to accept that a widow with two children residing in a thickly populated residential locality could be forcibly raped not once but on several occasions”.
The decision of the Court:
By exercising its inherent power under Section 482 of Cr.P.C, this Court ordered to quash the FIR against the applicant as the allegations of rape by the women seem consensual to this Court.
Case Title: Siddhodhan vs The State of Maharasthra and another
Coram: Hon’ble Justice Smt. Vibha Kankanwadi and Abhay S. Waghwase
Case no.: CRIMINAL APPLICATION NO. 2624 OF 2019
Advocate for the Applicant: Mr. Rajendra S. Deshmukh
Advocate for the Respondents: Mr. M. M. Nerlikar and Mr. P. N. Kalani
Read Judgment @LatestLaws.com
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