TABA TECHI Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. D. Panging, learned counsel or the petitioner. Also heard Ms. T. Jini, learned Additional Public Prosecutor for the State of Arunachal Pradesh and Mr. L. Perme, learned counsel for the respondent No. 2.

(2.) By filing this application under Sec. 482 of the Cr.P.C., 1973 (now Sec. 528 BNSS, 2023), the petitioner has prayed for quashing of the Chargesheet and the criminal proceedings against the petitioner under Ss. 376/417/323/427/506 of the IPC in Sessions Case No. 12/2023 corresponding to ITA. WPS Case No. 77/2019.

(3.) The case set up by the prosecution is that on 27/9/2019, a written FIR was received from one Smti Joram Nallo, (respo-ndent No. 2 herein), to the effect that on 17/12/2017 for the first time she met the accused Shri Taba Techi, (petitioner herein) at Panyor River Festival at Yazali and he used to call the complainant on many occasions and proposed to marry her informing that he is a widower and she has to take care of his 4 (four) children born out of his late wife. The constant proposal of the petitioner for marriage made her believe that he is a good person and finally she agreed the proposal. The petitioner asked her to stay with him at his residence at A-Sector, Itanagar and forced her to have sexual relationship with him on the promise that he will marry her in a formal way as per customary law. With the hope that the petitioner will keep his promise to marry her, the respondent No. 2 could not resist to have sexual relationship with him. Accordingly, she stayed with the petitioner since March, 2018. When the petitioner delayed the formal marriage, the respondent No. 2 asked him to meet and talk with her parents regarding finalisation of their marriage. It is alleged that the petitioner has brutally assaulted the respondent No. 2 and her belongings were thrown out of the room, saying that he will not marry her and chased her away for the reason that the respondent No. 2 has asked the petitioner to meet her parents for finalisation of their marriage. However, she managed to gather her belongings and continued to stay in the room. Thereafter, the petitioner shifted to his brother's house and came back to the room and brutally beaten her by punching and kicking without any reason and forced her to say that she was his time pass girlfriend or he would keep assa-ulting. It is also alleged that the petitioner has tried to damage the vehicle of the respondent No. 2 and thereafter, lodged an FIR against her with a false allegation that the respondent No. 2 has taken away his licensedrevolver and she had threatened to harm him. How-ever, no case was registered as the revolver was recovered from his cupboard by his maid. On 26/7/2019, a meeting was conducted by the family members to finalise whether he would marry her or not. In the meeting, shockingly the petitioner has stated before the elders and the family members that he would marry her if she would agree to have sex with him every day. Thereafter, threatened her to get out of his life and also to murder her. The effort for settlement had miserably failed.The above acts of the petitioner, it is alleged, shows his intention to cheat and raped her on false promise of marriage from the very beginning of the relationship.