JITENDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition has been filed by the petitioners challenging the FIR No.397/2019 dtd. 2/11/2019 of Women Police Station, Hanumangarh.

(2.) The impugned FIR is lodged by the complainant-respondent No.2 alleging that she is living with her widow mother at Ward No.8 of Village Dablibass Pema of District Hanumangarh. It is alleged that the petitioner No.l resides near the house of the complainant and is keeping bad eye on her. It is also stated that as the complainant has no brother, the petitioner No.l used to visit her residence often. In the year 2018, the petitioner No.l got signatures of the complainant on certain stamps and other documents on the pretext of providing her a job. It is further alleged that all the petitioners started misusing complainant's documents and on 13/10/2019, they took her to Hanumangarh and got her signatures on several documents and have also threatened to viral her photos and videos and when she started crying, they took and kept her in a hotel, where she was raped. It is alleged that the complainant was kept in illegal confinement for two to three days. It is further alleged that petitioner No.l had sexually assaulted and threatened her with dire consequences. It is also stated that anyhow the complainant called her mother, who rescued her from the clutches of the petitioners. It is further alleged that the petitioners have committed the act with the intention to grab complainant's property. On receiving the said complaint, the police registered the impugned FIR for the offences punishable under Ss. 366, 376-D, 342 and 143 IPC.

(3.) Learned counsel for the petitioners has submitted that the allegations levelled in the impugned FIR are absolutely false. It is argued that as a matter of fact, the petitioner No.l and the complainant were in relationship since long and they had solemnized marriage as per their own free will. It is also submitted that the complainant is major and she has filed this false FIR against the petitioners under pressure of her family members. Learned counsel for the petitioners has invited my attention towards certain photographs, copies of the affidavit sworn by the complainant and also referred to certain Whatsapp chats claiming that the complainant has forced the petitioner No.l to marry her while giving him a threat that if he will not marry her, she will commit suicide. Learned counsel for the petitioners has, therefore, submitted that from the above facts, it is clear that the impugned FIR is absolutely false.