SANTOSH KOLAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard finally.

(2.) The applicant has filed this petition under Section 482 of Cr.P.C., for quashment of the charge-sheet dated 15.11.2018 filed before the Special Court of JMFC, Jabalpur registered as RCT No.6440/2018.

(3.) Facts giving rise to this petition, in short, are that the prosecutrix married on 29.02.2012 with one Vijay Kushwaha and after two years of the marriage child was born out of the said wedlock. Peviously, prosecutrix was known to the applicant, he used to come at her house and after marriage he used to come at the matrimonial home of the prosecutrix. On 13.06.2018, when the husband of the prosecutrix was out of the house, the applicant came in her house in the night approximately at 9 PM and said that he has been promoted and bring some sweets for celebration and one piece was offered to the prosecutrix. When the prosecutrix consumed the piece of sweet, then she feel giddiness and became unconscious. The applicant took the benefit of this situation and committed sexual intercourse upon her and clicked some objectionable photos and prepare video of the prosecutrix. On the next day i.e. on 14.06.2018, the applicant again come in the night in the house of the prosecutrix and threatened her that he clicked some objectionable photo and prepared a video of the prosecutrix, if she narrated the incident to anyone, he will get viral that video in the media. After threatening her, he committed sexual intercourse on so many times. When the applicant repeatedly come at the matrimonial home of the prosecutrix, then the prosecutrix after mustering courage narrated the story to her husband and her mother and father. On 16.06.2018, when the applicant came at her house, then her husband phoned to the police, however, the applicant fled away from the spot. After that, she lodged an FIR against the applicant at Police Station Ranjhi, Jabalpur. The police registered a Crime No.610/2018 for the offence punishable under Sections 376 and 506 of IPC and started investigation and submitted the charge-sheet against the applicant before the Court of JMFC, Jabalpur.