GAUHATI HIGH COURT ISSUES ORDER ON SRI PRITAM SAWASHI V/S PRIYANKA GORAIT, ET AL.

GUWAHATI, India, July 24 -- Gauhati High Court issued the following order on June 30:

1. Heard Mr. M. Ali, learned Counsel appearing for the petitioner. Also heard Mr. Sarfaraz Nawaz, learned Amicus Curiae, appearing for the respondent No.1/informant and Mr. D. P. Goswami, learned Additional Public Prosecutor for the State respondent.

2. This application is filed under Section 482 of the Criminal Procedure Code, 1973 (hereinafter referred to as the "Cr.P.C.") seeking quashing of the F.I.R., registered as Tezpur P.S. Case No. 949/2022 dated 02.09.2022, under Sections 420/376 of the Indian Penal Code (hereinafter referred to as "IPC") and the Charge-Sheet No.1038/2022, dated 30.12.2022, pending before the learned Chief Judicial Magistrate, Sonitpur, Tezpur.

3. The brief facts of the case are that the respondent No.1/informant lodged an ejahar before the InCharge of Bebejia Police Outpost on 02.09.2022, alleging, inter alia, that on 13.08.2022 at about 8 am, while she was going to Bihuguri H.S. School from her house, she met the petitioner/accused at Bandarmari. The petitioner/accused then forcefully lifted her on his bike and took her to Tezpur town, where with an inducement of marriage, he raped her forcefully in a hotel room. Thereafter, at about 7 pm, the petitioner/accused dropped the respondent No.1/informant in front of her sister's house at Ghoramari Bamungola and fled away.

4. On receipt of the ejahar, the In-Charge of Bebejia Police Outpost made a G.D. Entry vide GDE No.21, dated 02.09.2022, and forwarded the same to the Officer-inCharge of Tezpur Police Station. Accordingly, Officer-inCharge of Tezpur Police Station registered a case vide Tezpur P.S. Case No.949/2022, under Sections 420/376 of the IPC. After registration, police started investigation and on completion of investigation, the Officer-in-Charge of Tezpur Police Station submitted Charge-Sheet against the petitioner/accused before the Court of learned Chief Judicial Magistrate, Sonitpur, Tezpur being Charge-Sheet No.1038/2022 dated 30.12.2022 under Sections 376/420 of the IPC. Aggrieved by the aforesaid, the present criminal petition has been filed seeking quashing of the F.I.R., and the Charge-Sheet.

5. Mr. M. Ali, learned counsel appearing for the petitioner, submits that the allegation of sex is consensual, and therefore, no offence under Section 376 of the IPC is made out. He further relies upon the decision of the Apex Court in the case of: - (i) Shiv Pratap Singh Rana v. State of Madhya Pradesh & Anr, in Criminal Appeal No. 1552 of 2023, (ii) Mandar Deepak Pawar v. The State of Maharashtra & Anr, in Criminal Appeal No(S). 442/2022.

6. Per contra, Mr. Sarfaraz Nawaz, learned Amicus Curiae appearing for the respondent No.1/informant, opposes the prayers made in the criminal petition and submits that whether the sexual act was consensual or not is a matter of trial.

7. I have given my prudent consideration to the argument advanced by the learned counsels for both the contending parties, and also perused the material available on record. I have also considered the citation submitted at the bar.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=bzPoyUlszYLCUcCpirIpqJUDJsFLqwzIddePr%2FMEfeWwl343cuiYLXA2CFRJJcP%2B&caseno=Crl.Pet./201/2024&cCode=1&cino=GAHC010035602024&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.