JAGANATH Vs. STATE

JUDGEMENT

(1.) The petitioners, who are sought to be prosecuted for the offences punishable under Ss. 376(2) (n), 504, 506, 109, 493, 509, 420, 201 R/W 34 of IPC , are before this Court challenging the cognizance of the aforesaid offences taken by the learned Magistrate.

(2.) The case of the prosecution is that, the accused Nos.2 and 3 are the parents of the accused No.1. The accused No.4 is the brother and accused Nos.5 and 6 are the sisters of the accused No.1. It is alleged that the accused No.1 by promising to marry her had sexual intercourse for the last seven years prior to the date of lodging of the FIR. It is further alleged that, the accused No.1 used to draw the salary of the defacto complainant. It is also further alleged that, these accused instigated the accused No.1 not to marry the defacto complainant, and also abused the defacto complainant not to enter their house.

(3.) The learned counsel for the petitioners -accused Nos.2 to 6 submits that, even accepting the allegation made on the face of it does not constitute the offence alleged against the petitioners herein and as such, in the absence of any essential ingredients so as to constitute the commission of the aforesaid offences, the continuation of criminal proceedings will be an abuse of process of law.