VICTIM X Vs. SAMEER SAMUEL

JUDGEMENT

(1.) This criminal revision under sec. 438 read with Sec. 442 of BNSS, 2023 is preferred challenging the order dtd. 11/7/2024 passed in Session Case No.184/2022 by 5th Additional Sessions Judge, Ratlam whereby on quashment of FIR No.36/2022 registered against respondent no.1 for the offence publishable under Sec. 376 and 377 of IPC in MCRC No.48116/2022 by co-ordinate Bench of this Court, the matter has been remitted back to the Judicial Magistrate First Class, Ratlam for trial in respect of rest of the charges for following relief:-

(2.) Facts in brief of the case are that an offence was registered at Police station Mahila Thana, District Ratlam under Sec. 498-A, 376, 377, 341, 323, 504, 506 read with Sec. 34 of IPC against the respondent no.1 and other relatives of husband of the revision petitioner with the allegations that, on 30/5/2022, a report was lodged by the victim before the police to the effect that she had got in touch with respondent no.1 through a matrimonial site Shadi.com and they had started talking. Thereafter negotiations were held between both the families after which they got engaged on 20/2/2022 at Pune and got married on 27/4/2022 at Pune itself. After the marriage she came to the house of her husband at Ratlam on 28/4/2022. On 30/4/2022, respondent No.1 stated that the family of the prosecutrix has not borne half of the expenditure of the marriage and that they are beggars. He abused the prosecutrix and beat her. He tried to strangulate her which she protested upon which he started hitting her with fists on her back. She called out to the other respondents to protect her but no one came to save her and instead they stated that she should bear the acts of her husband.

(3.) Thereafter respondent No.1/husband regularly started abusing her and beating her. On 4/5/2022 he took her to Jim Corbett National Park at Nainital where she suffered from body ache. He left her and went to the jungle for safari. After coming back he got drunk and stated that he is under heavy debt. He asked the prosecutrix to get a sum of Rs.50,00,000.00 by way of dowry from her mother. When she refused, he beat her and on 5/5/2022 at 1.30 am turned her out of the room and took her in only in the morning. On 6/5/2022 they reached back to Indore. Thereafter, he demanded a Jeep Compass vehicle from her and beat her. He did the same regularly but the other respondents never saved her. Instead, her mother-in-law and Nanad twisted her arm. Respondent No.1 in front of everyone assaulted her with a belt on her leg, back and thigh and caught her face and pushed it against the wall. He then dragged her to their room and forcibly inserted a beer bottle in her vagina and anus which resulted in extreme pain and injury to her. He also forcibly inserted his penis in her mouth. He thereafter had sex with her despite her repeated protests and without her consent. During all this time she continued to beg the other respondents for help but none of them came to save her. On 7/5/2022 she called her mother and told her everything. Respondent No.1 took the phone and demanded a sum of Rs.50,00,000.00 from her mother and a Jeep Compass vehicle. On 8/5/2022 at 4.00 PM they all went to Zydus Medical hospital in Dahod, Gujarat where Respondent No.1 is working. Thereafter he beat her and the petitioners turned her out of the house upon which she has lodged the report.