Court No. - 24
Case :- APPLICATION U/S 482 No. - 2635 of 2019 Applicant :- Suresh Gupta Opposite Party :- State Of Up And Another Counsel for Applicant :- Ram Ashrey Kashyap Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
This application under Section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 14.10.2017 and cognizance order dated 25.10.2017 in Case Crime No. 561 of 2016 under Sections 354, 363, 366, 376, 506 and 3(2)(V) SC/ST Act, police station Gaura Badshahpur, district Jaunpur.
Learned counsel for the applicant submitted that opposite party No. 2 has filed an application under Section 156(3) Cr.P.C. before the court of learned Additional Chief Judicial Magistrate-IInd, Jaunpur on 1.8.2016 in respect of the incident, which has taken place on 29.7.2016. The learned Magistrate after considering the contents of the application and other materials has allowed the application and directed the police authorities for registration of the case, and thereafter, the case has been registered at Case Crime No. Case Crime No. 561 of 2016, under Sections 354, 363, 366, 376, 506 and 3(2)(5) SC/ST Act, police station Gaura Badshahpur, district Jaunpur. Whereafter, the statements of the prosectrix have been recorded under Sections 161 and 164 Cr.P.C., in which she has levelled the allegations of committing rape against the applicant, which are absolutely false and fabricate and the applicant has not committed such type of act and that she had gone with the applicant on his motorcycle on her free will and on the way she has not raised any alarm for her rescue. The prosectrix is a major girl aged about 26 years and she is a consenting party. The medical examination of the victim was conducted at the District Hospital, Jaunpur, and according to the report of the District Hospital, no injury has been found on the body of the victim. The police has submitted charge sheet against the applicant in the aforesaid sections without making proper investigation and Section 3(2)(V) has also added in the said charge sheet. Learned counsel for the applicant further submitted that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. Learned counsel for the applicant also submitted that the court below has taken cognizance without applying the judicial mind.
Per contra, learned Additional Government Advocate appearing for the State has opposed the above mentioned submissions made by the learned counsel for the applicant and submitted that after investigation the investigating officer found the material against the applicant and filed the charge sheet.
The prosecutrix in her statements recorded under Sections 161 and 164 Cr.P.C. has fully supported the prosecution version and merely because no injury was found on her person cannot make the entire prosecution version doubtful. In this case a heinous crime has been committed and the accused must suffer for its consequences. A rapists not only violates the victim personal integrity, but leaves indelible marks on the very soul of the helpless girl. As a matter of fact the crime is not only against the victim, it is against the whole society as well. The rape with a girl creates an atmosphere of fear, which is universally abhorred by the society. It demands just punishment from the Court and to such a demand, the Courts of law are bound to respond within the legal parameters. It is a demand of justice and the award of punishment has to be in consonance with the legislative command and the discretion vested in Court.
In view of what has been indicated herein above, I find no good ground to quash the charge sheet or cognizance order.
Accordingly, the application is rejected.
Order Date :- 22.1.2019 Sumaira