NIHALSING CHANDRASINGH RATHOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of parties.

(2.) The applicants/accused have impugned the order rejecting the prayer for discharge dtd. 9/11/2021 passed by the learned Additional Sessions Judge, Dhule in Sessions Case No.45 of 2018.

(3.) The complainant is the maternal sister of accused no.2/ Manisha and accused no.1 is her husband. The first incident of rape allegedly happened on 17/7/2017. It has been alleged that the stupefying substance was administered to the victim through food, then applicant no.1 did forceful sex with her. When she gain her sense, she was naked. She enquired with accused no.2 about the forceful sex, but she did not pay heed. The second incident happened on 11/10/2017 in bathroom. There also the accused no.1 did forceful sex with her. After the first incident, she was blackmailed and threatened to make the video of her forceful sex viral. The victim is a widow. She filed an application under Sec. 156(3) of the Criminal Procedure Code. On the order of learned Magistrate, the crime was registered. The evidence was collected and the charge sheet has been filed.