FIR against rape-accused quashed since the relationship between the accused and the prosecutrix appeared to be consensual: Rajasthan High Court
The High Court of Rajasthan, through learned judge, Justice Farjand Ali in the case of Radhakrishan Meena v. State of Rajasthan a (S.B. Criminal Miscellaneous (Petition) No. 4952/2020) quashed the FIR aginst rape-accused since the relationship between the accused and the prsecutrix appeared to be consensual.
BRIEF FACTS OF THE CASE: The criminal petition was filed by the accused petitioner seeking quashing of FIR registered at P.S. Mahila Thana, Distt. Alwar for the offences under Sections 376-D, 418 and 506 IPC. The FIR was lodged by the prosecutrix who was a jail guard deployed at Central Jail, Bikaner. The prosecutrix in the FIR alleged that though she was not willing to surrender of her own accord to physical relationship with the petitioner, she consented to it owing to the promise made by the petitioner that he would marry her. The petitioner had threatened that he would leak an obscene video of the prosecutrix in order to disrepute her in the society. After this incident, she was continuously subjected to intercourse on account of threat of dire consequences
FINDINGS OF THE COURT: The court heard the contentions raised by both the parties and observed that a perusal of the record showed that there was not an iota of evidence to show or suggest that right from the inception, the intent of accused petitioner was to deceive the woman to convince her to engage in sexual relationship, A perusal of WhatsApp messages exchanged between the parties completely negated the story as set out in the FIR. The court remarked that the facts revealed that there was a consensual sexual relationship between the parties and thus, no offence as alleged in the FIR can be made out for which the petitioner can be forced to face the rigor of a trial. Accordingly the petition was dismissed.
JUDGEMENT REVIEWED BY – AMRUTHA K