SHAHANAVAZ Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this writ petition, the petitioners have prayed for the relief:

(2.) It is not disputed that respondent no. 3 happens to be the wife of petitioner no. 1. She alleges that she has been tortured for dowry, her modesty has been outraged, she has been threatened by the petitioners and there is also allegation that her father-in law and brothers-in-law had committed sexual intercourse with her, leading to file an FIR under Sec. 376 (2) (N) of the Indian Penal Code, 1860. Moreover, there is allegation that in the year 2021, she has been raped by Naushad Khan, Shahbaz Khan, Yunus Khan, Shahnazar and after three days, when her husband returned home, she narrated her plight to him that her father-in-law and others had committed rape upon her but instead of attending her complaint, petitioner no. 1/ husband reprimand and intimated her and did unnatural sex with her, which is punishable under Sec. 377 IPC. It is also borne out from the records that petitioner no. 1 has prepared an objectionable video of the complainant / respondent no. 3 and threatened her to expose the same.

(3.) In that view of the matter, the initial argument advanced by the learned counsel for the petitioners that there has been no specific allegation in the FIR regarding the commission of the offences under Sec. 377, 354, 376 (2) (N) and 376 IPC stands nullified, on perusal of the statement of victim recorded under Sec. 161 of Cr.P.C. by the Investigating Officer, copy whereof is produced in the Court today.