SWATANTRA KUMAR JAYSAWAL Vs. STATE

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Article 226 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 for quashing and cancelling the FIR No. 219/2021 under Sec. 376/323/506 IPC registered at P.S. Patparganj Industrial Area and all the proceedings thereof.

(2.) Briefly stated, the facts of the case are that on 25/6/2021 an information from PCR vide DD No.54A was received at PS Patparganj Industrial Area, wherein it was reported that Complainant was not telling anything about complaint but asking for urgent police assistance. Accordingly, IO SI Moolchand reached the place of incident i.e. ICD Patparganj Custom office and met the complainant, who told that she had a scuffle with her male friend Swatantra (petitioner herein) and he had tried to assault her. The Complainant was brought to PS Patparganj Industrial Area and further enquiry proceedings were marked to WSI Anjali Rana. Initially, the complainant revealed only about the scuffle and was hesitating in disclosing further facts, but later she disclosed regarding act of sexual assault having been committed upon her by accused Swatantra Jaysawal (petitioner herein) in his ICD Patparganj Office at 03.30 pm on 25/6/2021 when she had gone to talk to him regarding their marriage.

(3.) Complainant was taken to LBS Hospital for medical examination, wherein after due process of counselling by NGO, complainant gave history of sexual assault (fingering) by petitioner on 25/6/21 at 02:30 pm. She also gave history of sexual assault in the form of intercourse without her consent by petitioner/accused on 27/12/20 and 6/4/21. In her medical examination, history of molestation was alleged by complainant on 10/12/20 & 12/12/20.