AMOL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This application under Section 482 of Code of Criminal Procedure challenges the First Information Report dated 23.03.2014 in Crime No. 51/2014 registered with non-application no. 1- Police Station. The First Information Report bearing No. 51/2014 came to be registered against the applicants on the allegations that the applicant no. 1 had committed forcible sexual intercourse with the non-applicant no. 4. It is also alleged in the First Information Report that the applicant nos. 3 to 6 threatened the non-applicant no. 4 that they will implicate the non-applicant no. 4 in false case and she should not make complaint about the alleged offence committed by the applicant no. 1. It is alleged in the First Information Report that the non- applicant no. 4 and the applicant no. 1 were in relationship since 2010 and the first incident alleged in the First Information Report is of December-2012. It is alleged in the First Information Report that the applicant no. 1 misrepresented the non-applicant no. 4 about being selected for the Government job and on that pretext he committed sexual intercourse with the non-applicant no. 4. It is also alleged that in the First Information Report there was another incident of the year 2014, wherein the applicant no. 1 had forcible sexual intercourse with the non-applicant no.4.

(2.) The applicants challenged the First Information Report by filing the present Criminal Application. This Court by order dated 07.04.2014 granted ad-interim protection in favour of the applicants. On 07.04.2014, this Court protected the applicants by directing not to take coercive action against the applicants. On 28.11.2014, this Court issued 'Rule' and granted interim protection in terms of prayer clause (ii).

(3.) The non-applicant nos. 1 to 3 filed their reply dated 16.04.2014. It is stated in the reply that forcible sexual intercourse was committed by the applicant no. 1 with non-applicant no. 4. It is also submitted in the reply that from the averments made in the First Information Report, the ingredients of Section 376(2)(N) , 417 , 506 and 34 of the Indian Penal Code are made out.