RAJKUMAR CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CRMP No.1276/2022 has been preferred by petitioner " Rajkumar Chandrakar seeking to quash the entire charge-sheet and the proceedings emanating from it, pending before the learned Special Judge (Atrocities), Bilaspur in Sessions Case No.156/2022 which relates to Crime No.212/2022 registered at Police Station Seepat, District Bilaspur for offence under Sec. 376 and 506 of the IPC, whereas CRMP NO.1277/2022 has been preferred by petitioners " Rajkumar Chandrakar and his son Roshan Chandrakar seeking to quash the entire charge-sheet and the proceedings emanating from it, pending before the learned Special Judge (Atrocities), Bilaspur in Sessions Case No.155/2022 which relates to Crime No.210/2022 registered at Police Station Seepat, District Bilaspur for offence under Sec. 376/34 of the IPC. Since in the present case, FIRs have been lodged by none other than the daughter-in-law and real sister of petitioner " Rajkumar Chandrakar and the parties being closely related, both the cases are being disposed of by this common order.

(2.) The prosecutrix "R" (considering the allegation, full name is not mentioned), who is living separately from her husband in the house of his real brother i.e. petitioner-Rajkumar Chandrakar and also having one son from her husband aged about 32 years, has lodged FIR on 2/5/2022 at Police Station Seepat alleging that for 30 years petitioner - Rajkumar Chandrakar has continuously sexually exploited her when she was living with him in village Darrabhata and for about last 6 months the petitioner has kept her daughter-in-law "K" (considering the allegation, full name is not mentioned) with him in his house at Mopka and also threatened her. Based upon such allegation, offence under Ss. 376 and 506 of the IPC was registered.

(3.) The prosecutrix "S', who is daughter-in-law of petitioner No.1-Rajkumar Chandrakar and wife of petitioner No.2-Roshan Chandrakar, has lodged FIR on 1/5/2022 alleging that she got married with petitioner No.2 in the year 2016 and out of such wedlock one son aged about 6 years was born. She has further alleged that petitioner No.1 since 1/5/2021 has continuously sexually exploited her and when she informed the incident to her husband, he also supported the act of petitioner No.1-Rajkumar Chandrakar. She has also alleged that the petitioners have also shown obscene video to her minor son. Based upon such allegation, offence under Sec. 376/34 of the IPC was registered against the petitioners.