VIKASH GUPTA Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The Petitioner herein was arrested on 08.11.2019 in connection with Sadar P.S case No 280(11) 2019 under Section 376 IPC on an FIR lodged by one Smti Jyoti Chettri.

(2.) That on 14.11.2019, while the Petitioner was in judicial custody, a subsequent FIR was filed by the daughter of the first Complainant alleging that she was harassed by the Petitioner and the same was treated as a supplementary FIR by the Learned Chief Judicial Magistrate, Shillong.

(3.) The Learned Counsel for the Petitioner, Mr. K.Paul has submitted that a look at the two FIRs would show that there is inconsistency in the allegation against the Petitioner in as much as in the first FIR, the complainant has alleged that the Petitioner has raped her daughter on 06.11.2019 at about 11.30 pm, while in the second FIR lodged by the daughter of the first complainant, there is no allegation of rape, except to a certain extent, harassment.