MOHD. ALYAS Vs. STATE OF J & K

JUDGEMENT

(1.) Heard.

(2.) Through the instant petition filed under Sec. 561-A Cr.P.C., petitioners seek quashment of order dtd. 20/3/2018 passed by the learned Sessions Judge, Poonch to array the petitioners as accused in a case titled, "State Vs. Mohd Habib" arising out of FIR No. 142/2017 Police Station, Mendhar under Sec. 376 RPC and consequent process issued against them, on the ground that the same is abuse of process of law.

(3.) The brief facts of the case are that on the basis of written complaint filed by the prosecutirx in due consultation of her policeman father and in presence of her mother on 11/8/2017; the respondent police lodged FIR No.142/2017 and started investigation of allegation of rape leveled against the sole accused named in the FIR. The investigation of the case was assigned to Sub-Inspector, Javed, who proceeded on spot, prepared the site plan, seized a rubber shoe of the prosecutrix, got her medically examined and recorded statements of some of the witnesses under Sec. 161-ACr.P.C. It is submitted that the written complaint received by the police revealed that the accused named in the FIR as Mohd. Habib, a driver by profession with a history of teasing the complainant, a class 12th student during her usual travelling in his public transport vehicle; forcibly entered into her rented accommodation during the night intervening 9th and 10th of August 2017 and committed rape on her during the course of the night, silenced her under threat and left in the morning. During the course of investigation, the aforementioned Investigating Officer also got the statement of prosecutrix recorded under Sec. 164-A Cr.P.C. To their utter surprise, the petitioners learnt that in her statement so recorded, prosecutrix had also roped in petitioner Nos.1 and 2 as accused leveling charges of attempted rape and rape respectively against them, besides making an allegation of rape against the accused named in the FIR. On coming to know about false and motivated statement having been made at the behest of the I.O. based on his animosity and ill-will against the petitioners, criminal proceedings initiated against him. The petitioners agitated the issue before this Court in a 561-A petition. The local SDPO constituted a five member Special Investigation Team (SIT) headed by the respondent SHO with two Sub-Inspectors and two ASIs as its members to carry out further investigation in the case by maintaining transparency.