PUJA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Instant criminal appeal has been filed against the order dtd. 3/5/2023 passed in A.B.P. No.546/2023 arising out of Namkum P.S. Case No.58/2023 registered under Ss. 406, 417, 420, 376(2)(n) of the Indian Penal Code and Ss. 3(1)(r)(s) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 whereby the anticipatory bail of the above named appellants have been rejected.

(2.) The appellants are the sisters of principal accused Vicky Giri @ Anupam Giri. As per the F.I.R., on false promise of marriage, Vicky Giri sexually exploited the prosecutrix from 5/1/2020 to 25/2/2020, as a result she became pregnant and when she disclosed to him about this, he advised her to take medicine for abortion. It is also alleged that she was forcibly administered the medicine, as a result she suffered heavy bleeding and became unconscious. A total sum of Rs.13,58,581.00 was defrauded by him taking into advantage the confidence and faith that the prosecutrix had reposed on the principal accused-Vicky Giri. It is alleged that principal accused and these appellants abused the informant by calling her caste name and threatened her with life.

(3.) It is submitted by the learned counsel on behalf of appellants that offence of rape or cheating is not attracted against these appellants. The allegation is confined to the incidence wherein it is stated that they had joined her brother to abuse her by calling her caste name. However, the date, time and place of the said incidence has not at all been disclosed in the F.I.R. There has been a delay of more than two years in lodging the F.I.R. since the time when the first incidence of rape is said to have been committed. It is not stated in the F.I.R. that the said incidence took place in public view and anyone witnessed the said incidence.