K NAGESWAR RAO Vs. STATE

JUDGEMENT

(1.) This is an application under S. 482 of the Code of Criminal Procedure, 1973 (for short 'the Code'), seeking to quash the order of taking cognizance of an offence under S. 376, IPC.

(2.) On the basis of the FIR of the victim girl M. Ellama dt. 22-1-90, Nandapur P.S. Case No. 5/90 corresponding to G.R. Case No. 57/90 was registered and after completion of investigation charge-sheet under S. 376, IPC was submitted against the accused K. Nageswar Rao (petitioner herein) on 11-6-1991 in the court of the Sub-Divisional Judicial Magistrate, Koraput. After perusal of the police case diary and other connected papers the S.O.J.M. took cognizance of the offence under S. 376, IPC and directed issue of warrant against the accused. Being aggrieved by such order, the accused-petitioner has approached this Court.

(3.) It is submitted by Shri M. Misra, learned counsel for the petitioner that the learned S.D.J.M. went wrong in taking cognizance of the offence u/S. 376, IPC against the petitioner inasmuch as the prosecution case is absurd and inherently improbable when the allegations in the FIR are read in conjunction with the evidence of the witnesses recorded by the police u/S. 161 of the Code.