V K TULSIAN Vs. STATE

JUDGEMENT

(1.) This petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of the order dated 16.3.1998 passed by the Metropolitan Magistrate declining to accept the final police report and taking cognizance of the offence under Section 376 Indian Penal Code. The Petitioner has also prayed that FIR No. 1421/97 registered under Section 376 Indian Penal Code may be quashed. The brief facts which are necessary to dispose of this petition are recapitulated as under :

(2.) The complainant, Saraswati Thakur, aged about 26 years, wife of Arvind Thakur, having one child, lodged an FIR under Section 376 Indian Penal Code against the petitioner in which she mentioned that after working with the petitioner for three months when she demanded money for the work done, the petitioner started avoiding her. On her persistent request, the petitioner told her to come on Friday, i.e., 28.11.1997. On that date, she remained therein the cabin for the whole day and at 6.00 p.m., the petitioner committed rape on her and consequentially she also received some injuries on her body. On 1st December, 1997 after three days of the incident, an FIR was lodged against the petitioner. In which she and mentioned that rape was committed with her by the petitioner. She was medically examined at the Ram Manohar Lohia Hospital. No injury was found her abdomen, breasts and thighs. Her general condition regarding pulse and blood pressure was found normal. There was an old scratch mark over her chin.

(3.) On 9.12.1997, she moved an application before the Metropolitan Magistrate requesting him to record her statement under Section 164 Cr. P.C.