S A SIVA ALIAS SATHISH Vs. STATE

JUDGEMENT

(1.) THE petition and the other documents produced along with the petition were also perused.

(2.) BASED on the complainant of the 2nd respondent herein, a case was registered on the file of All Women Police Station, Chengalpet as Crime No.15/2008 for alleged offences punishable under sections 417, 376 of I.P.C. After completion of the investigation, the Investigating Officer submitted a positive final report alleging commission of the above said offences by the petitioner herein. The same was taken on file by the learned Judicial Magistrate No.II, Chengalpet as P.R.C.No,24/2009. The petitioner who figured as the sole accused in the said P.R.C. Case, has come forward with the present petition under section 482 of Cr.P.C to quash the Criminal Proceedings initiated against him in P.R.C.No,24 of 2009 on the file of the Judicial Magistrate No.II, Chengalpet.

(3.) UNFORTUNATELY the judgment of Honourable Supreme Court cited by the learned counsel appearing for the petitioner is not applicable to the case on hand. In this case, apart from the contention that the petitioner cheated her by making false promise to marry her and thereby making her to submit to sexual intercourse with him, clear allegation has been made in the complaint to the effect that on a particular day (14.04.2008) at about 12.00 noon, the petitioner had sexual intercourse with the prosecutrix (defacto complainant) against her will and despite her objection. The mere fact that she had also stated that on subsequent occasions she submitted herself to such intercourse with the petitioner believing the promise made by him to marry her will not make the said first act of sexual assault out of the purview of the Section 375 I.P.C.