LAWS(MPH)-2019-2-214

GOLMATI BAI Vs. KAPIL PRAJAPATI

Decided On February 08, 2019
Golmati Bai Appellant
V/S
Kapil Prajapati Respondents

JUDGEMENT

(1.) Petitioner filed this petition under Section 482 of Code of Criminal Procedure being aggrieved by the complaint case No.279/2016 registered against the petitioner.

(2.) Facts giving rise to the present petition, in brief, are that respondent No.1 filed a complaint under Section 200 of Cr.P.C. before Session Judge, Narsinghpur alleging that respondent No.1 is a child below the age of 18 years. The petitioner is a matured lady. She used to harass and commit sexual harassment to respondent No.1. She lodged a false report against the respondent No.1 to exert a pressure on him to obey her instructions. Learned Court below after recording the evidence of respondent No.1 has registered a criminal case No.279/2016 against the petitioner under Sections 3 (ga) (gha), 4, 11 and 12 of POCSO Act and issued a notice under Section 204 of Cr.P.C. The petitioner appeared before the trial Court, thereafter, she was released on bail and respondent No.1 examined the witnesses under the head of evidence before charge.

(3.) Being aggrieved by that complaint, petitioner has filed this petition under Section 482 of Cr.P.C. alleging that respondent No.1 had forcibly committed rape with her when she was alone in her house. On counter blast, respondent had filed this complaint to pressurize the petitioner.