ABDUL GANI RAJA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Criminal Original Petition has been filed, invoking Sec. 528 B.N.S.S., seeking Orders to quash the Charge-sheet in P.R.C. No.9 of 2023 pending on the file of the Judicial Magistrate Court No.II, Kodaikanal.

(2.) On the basis of the Complaint lodged by the Second Respondent/ De facto Complainant, FIR came to be registered in Crime No.138 of 2023 for the alleged offences under Ss. 354-A, 376 & 511, IPC against the Petitioner/sole Accused and after completing the investigation, Final Report came to be filed and the case was taken on file in P.R.C. No.9 of 2023 and the same is pending on the file of the Judicial Magistrate Court No.II, Kodaikanal.

(3.) The case of the Prosecution is that the Second Respondent and her friend Kayalvizhi along with their children went to Kodaikanal on 7/5/2023 for sight seeing, that they have stayed in Room Nos.303 and 304 in Roshan Residency at Naidupuram, which is owned by the Petitioner, that since the Petitioner is a friend of the Second Respondent's Husband, they had stayed at Roshan Residency, that the Second Respondent was not well and hence, she was taking rest in the room on 8/5/2023, that the Second Respondent's friend Kayalvizhi along with their children went for sight seeing in their Car, that the Second Respondent unable to Contact anyone as their rooms were situated in the underground portion of the Hotel, she contacted the Petitioner and requested for room heater and blanket, that the Petitioner, by informing that he would bring the said articles, came to the Room No.303, that the Petitioner under the guise of checking the Second Respondent's health, had touched all over her body and inserted his hand inside the blanket and touched her private part with intention to commit rape and that when the Second Respondent had shouted at him that she would inform her husband, he went out of the room.