For SC quashing 417,420,376,506 ipc
Mahesh Revelle
(Querist) 19 November 2017
This query is : Open
1. It is respectfully submitted that the 1st respondent alleged to have been lodged a report to the 2nd respondent police station on 29.7.2015 stating that she and the petitioner are working as Police Constables in I.T. Cell in Cyberabad Police Commissionerate. It is alleged that the petitioner made the 1st respondent promised her to marry and made her to believe him. It is alleged that on 11.7.2015, the petitioner and the 1st respondent went to Yadagirigutta Temple on a bike, where he booked a room without her knowledge and raped her and promised that he will marry. It is further alleged that the petitioner made a phone call to the 1st respondent and said that marriage engagement was completed with his relative girl and that he and his family members threatened her to kill, if she disclose anything to any one. Basing on the said allegations, the police registered the FIR and subsequently filed the charge sheet.
2. It is respectfully submitted that the alleged offence under Section 376 IPC, according to the 1st respondent was occurred on 11.7.2015, whereas, she made report to the police station on 29.7.2015. Therefore, there is an abnormal delay in lodging the report to the police station. Further, the medical report also certified that there is no evidence of recent sexual intercourse. There is also contradictory statements of the 1st respondent from complaint to the statement recorded under Section 164 Cr.P.C (. On the ground of abnormal delay and in absence of the medical report, the essential ingredients under Section 376 IPC do not attract, therefore, the proceedings relating to the said offence are liable to be quashed. ( Is it possible or not ?)
3. Now her marriage was fixed and both are agreed to compromise as for CrPC 482.. But her layer is misguided her it's not possible, future problems will happen in personal life and services Maters. Please clarify.
