RUPAK PAUL Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) Heard Mr. K. Ch. Gautam, learned counsel for the applicant, who, at the first instance has led this Court to Annexure-1 of this application which is a copy of the FIR lodged by the respondent No.3 herein. The contents of the FIR lodged before the Officer-In-Charge Jhalupara Beat House, Shillong dtd. 31/5/2022 would show that the complainant has accused the applicant herein of having raped her several times in the year 2013 and to keep her quiet had threatened her with dire consequences, even to kill her if she complaints about the matter to anyone. This act of rape continued even in the year 2014 after the marriage of respondent No.3/complainant and finally on 28/5/2022 at about 4:00PM, the applicant, called her up over the phone in the presence of her husband and indicated that she is to come and meet him at Barapathar as he was in the mood and wanted to play the game. The husband of respondent No.3/complainant overheard this conversation which finally led to the respondent No. 3/complainant to reveal the whole story to him. The husband then called up the wife of the applicant, who is the sister of the respondent No.3/complainant and told her everything, but the said sister refused to believe the respondent No.3/complainant.

(2.) It is also submitted that on the basis of the said FIR, the police had registered a case being Lumdiengjri PS Case No. 58(6)2022 under Sec. 376/506/509 IPC.

(3.) Mr. Gautam has further submitted that a plain reading of the FIR would suggest that it is false and fabricated made with an ulterior motive, since there was considerable delay of 9(nine) years in filing of the same which was not explained by the respondent No.3/complainant and has cast serious doubts about the allegations made therein.