SEEDA NARASIMHA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Since these Criminal Petitions are preferred by different accused in P.R.C.No.3 of 2022 on the file of the Additional Judicial Magistrate of First Class, Darsi, they are being taken up together for disposal, by way of this common order. Petitioners in Criminal Petition No.2329 of 2023 are A.2 to A.4, and the petitioner in Criminal Petition No.2722 of 2023 is A.1, in the aforesaid P.R.C.

(2.) Basing on a report lodged by 2nd respondent, police registered a case in crime No.135 of 2022 of Darsi police station, and after completion of investigation, filed charge sheet, for the offences punishable under Ss. 417, 420, 376, 506, 509 read with 34 IPC, which was taken on file as P.R.C. No.3 of 2023 on the file of the Additional Judicial Magistrate of First Class, Darsi.

(3.) Learned counsel for the petitioners submitted that even accepting the entire accusations to be true, the charge sheet does not disclose prima facie case as against the petitioners. He further submitted that the ingredients of the offence punishable under Sec. 376 IPC would not attract for the reason that the petitioner/A.1 and 2nd respondent-defacto complainant were in living relationship for a period of more than 3 years. The learned counsel relied on rulings of the Honble Apex Court and submitted that the acts of both the petitioner and 2nd respondent-defacto complainant are consensual and no offence punishable under Sec. 376 IPC would be made out as against the petitioners. He further submitted that in respect of other petitioners, who are elders, there is a vague and bald allegation that they abused the defacto complainant.