LABHU RAM SEHGAL Vs. STATE OF J&K

JUDGEMENT

(1.) This petition filed under Section 561-A Cr.P.C seeking quashment of FIR No.

(2.) 44/2010 dated 09.10.2010 registered with Police Station Kalakote alleging commission of offence under Sections 376/109 RPC rests on the grounds that the petitoner a Journalist, social worker, political activist pursuing law course in Dogra Law College, Jammu has been falsely implicated in the aforesaid case on the ground of a fight against the corrupt officials. It is alleged, that on 05.10.2010 respondent no. 10 approached respondent no. 8 for redressal of her grievances, where she was raped, first by respondent no. 9 and then by respondent no. 8. It is further alleged that a nude movie was taken to black mail respondent no. 10. It is further alleged that respondent no. 10 threatened to implicate the petitoner in a false rape case, which compelled the petitioner to file a complaint under Section 107 Cr.P.C before Tehsildar, Executive Magistrate Ist Class Jammu. It is further alleged that respondent no. 10 was raped at her home by some persons during the night intervening between 7 / 8th October, 2010. When she approached respondent no. 8 for taking action, she was forced to implicate the petitioner on the basis of the nude-movie and forced to implicate the petitoner in false charges of rape. Thus, it is contended that respondent no. 10 has falsely implicated the petitioner and her statement under Section 164-A Cr.P.C recorded before the Magistrate was a result of her being a victim of blackmail in the hands of respondent nos. 8 and 9. Status report has been filed by the respondents, perusal whereof reveals that respondent no. 10 had alleged gang-rape leading to registration of case under FIR No. 44 of 2010 for commission of offence under Section 376 RPC.

(3.) Investigation was carried out by respondent no. 9 and final report had been submitted before the competent Court. Respondent no. 10 approached learned Special Judge, Anti Corruption, Jammu alleging that SHO Bashir Khan and SI Mattu Khan of Police Station Kalakote raped her and also demanded and accepted bribe amount of Rs. 10,000/- from her. While the rape allegation against the police officials was being verified by the office of Inspector General of Police, Jammu, investigation in FIR no. 44/2010 established the complicity of four accused including the present petitioner-Labhu Ram Sehgal and charge sheet had been produced before the competent Court. As the petitoner was absconding since the date of alleged occurrence, Court has been requested to initiate proceedings under Section 512 Cr.P.C. However, during inquiry against the allegations of rape and bribe, respondent no. 10 stated that she was forced to implicate the present petitoner as accused in the rape case by SHO Kalakote-Bashir Khan and SI Mattu Khan even through he was not among the persons who raped her.