LAWS(RAJ)-2017-9-134

BALDEV GORA Vs. STATE OF RAJASTHAN

Decided On September 06, 2017
Baldev Gora Appellant
V/S
STATE OF RAJASTHAN Respondents

JUDGEMENT

(1.) This criminal misc. petition under Section 482 Cr.P.C., 1973 has been preferred for quashing the FIR and its entire investigation in FIR No. 49/2016 dated 21.01.2016 registered at Police Station, Udaimandir, Jodhpur for the offences under Sections 376, 420 and 386 IPC.

(2.) Learned Senior Counsel for the petitioner stated that the FIR bearing No. 49/2016 was registered against the petitioner on 21.01.2016 alleging therein that in the year 2002, the complainant was studying in B.A. First Year at Jodhpur. During the election, the complainant came in contact with the petitioner, who was the President of Youth Congress (Rural). The petitioner encouraged the complainant to contest elections, and also searched for the job for the complainant. The petitioner appointed the complainant as his Private Secretary on 21.10.2007, and thereafter, got her a job in Max New York Life Insurance Company. The allegation was that on 21.02.2009, the petitioner gave some pills to the complainant, and thereafter, committed rape upon her.

(3.) In the FIR itself, the complainant stated that the petitioner apologised for the act before the parents of the complainant, and proposed to marry her. The petitioner was continuously coming to the house of the complainant and they were together in connection with many tasks. Out of the relationship between the petitioner and the complainant, one son, namely, Tejas was born on 08.10.2013 in Jaipur. The complainant and the petitioner together resided at Jaipur for a long time. In the FIR, it was also alleged that in March, 2014, the complainant came to know that the petitioner is already married and when the mother of the complainant expired on 29.10.2015, the petitioner objected his name to be published in the newspaper as husband of the complainant. The petitioner also made the complainant to contest the elections for the post of Member, Zila Parishad. The FIR was registered and the investigation was commenced.