Excelsior Correspondent
JAMMU, Oct 3: Justice Janak Raj Kotwal today refused to quash FIR lodged with Police Station Kanachak in rape case.
On September 10, 2013, prosecutrix lodged a written report at Police Station Kanachak alleging that the accused was having sexual intercourse with her on the promise of marrying her. On September 8, 2013, he forcibly took her in the field and raped her thrice. Thereafter the accused refused to marry her saying that he will marry the girl selected by his family. On the receipt of report, police registered a case against the petitioner, who however challenged the same.
In the petition, it has been submitted that prosecutrix despite being aware that her marriage with the petitioner was not possible on caste basis, was pressurizing him and his family for the wedlock. He further submitted that FIR was lodged against him by the prosecutrix under a well-planed conspiracy.
After hearing Advocate Pawan Kumar Kundal appearing for the petitioner, Justice Janak Raj Kotwal observed, “the allegation of the prosecutrix is specific too and needs to be looked into in context with petitioner’s contention that his marriage with another girl has been settled and invitation cards were also distributed before 8th September, 2013”.
“Allegation implies that even after settlement of his marriage to another girl, the petitioner took the prosecutrix forcibly with him and raped her thrice in a field. This allegation may be true or may not, but can not be rejected by quashing the FIR without investigation”, the court said, adding “FIR is at the pre investigation stage and can be quashed if allegations made by the complainant do not prima facie constitute any offence or make out a case against the accused”.
With these observations, High Court dismissed the petition seeking quashment of FIR.
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