IMTIAZ AHMED KHAN Vs. STATE AND ORS

JUDGEMENT

(1.) Heard and perused the record.

(2.) Inherent jurisdiction of this Court under Section 561-A Cr.P.C is invoked by the accused to seek quashing of FIR No. 139/2017 of Police Station, Mendher under Sections 376/109 RPC.

(3.) It is alleged in the FIR that the prosecutrix, a resident of Village Lam, Tehsil,Nowshera, had gone to village, Sruti in Tehsil, Mendher with doli of her sister-in-law on 05-03-2017. On 07-03-2017, accused no.2 gave her water to drink. She started feeling giddy after taking thewater and in the meantime, petitioner entered the room and bolted the door from inside. When she regain consciousness, she found herself totally naked and the petitioner sleeping along with her in naked position. After that the petitioner committed rape on her once again. On being taken to task by her, the petitioner told her that he and the other accused have snapped her photographs in naked condition and, in case she narrates the incident to any one they will upload them online. Her husband had gone to SaudiaArbia during those days. She lodged report at Police Station, Nowshera but police did not take any action. Later her husband came back from SaudiaArbia and by that time she was carrying five months old fetus. She narrated entire incident to her husband. Impugned FIR reveals further that the matter was reported to the police at that stage through the medium of a complaint filed before the learned Judicial Magistrate, Rajouri and FIR was registered on a direction issued under Section 156(3) Cr.P.C.