Allegations of Rape against Young Lawyer
HC issued Notice to SSP Jammu, SHO Pacca Danga and victim
JKUT (Jammu), December-02-2021-( JNF):- Justice Rajnesh Oswal of High Court of Jammu & Kashmir and Ladakh (Jammu Wing) has issued Notice to SSP Jammu, SHO, Police Station, Pacca Danga and the victim/prosecutrix (name withheld) in a petition filed by a young Lawyer seeking quashment of FIR No.0197/2021 dated 27-11-2021 for the alleged commission of the offence under Section 376 IPC (Rape) registered with Police Station, Pacca Danga, Jammu.
After hearing Senior Advocate Vikram Sharma with Advocate P.S. Pawar appearing for the petitioner, whereas AAG Aseem Sawhney appearing for the SSP Jammu/SHO Police Station, Pacca Danga. Justice Rajnesh Oswal directed the Investigating Officer to investigate the contention of the petitioner with regard to the execution of Marriage Agreement between the petitioner and the victim and also the contention of the petitioner that the victim had voluntarily travelled with the petitioner alongwith others to Chandigarh and remained there from 16-11-2021 to 19-11-2021.
During the course of arguments, Senior Advocate Vikram Sharma assisted by a battery of lawyers submitted that the victim has concealed the material facts vis a vis the Marriage Agreement between the petitioner and the victim dated 14-06-2018. The Senior Counsel further submitted that the victim had gone to Chandigarh on 16-11-2021 alongwith the petitioner and others and to substantiate the said contention, Senior Advocate Vikram Sharma placed reliance upon the ticket issued by the travel agent.
Senior Advocate Vikram Sharma also drew the attention of the court to several photographs showing victim and petitioner in joyful mood and the Senior Counsel submitted that the allegations of rape are misconceived and a concocted story has been framed to falsely implicate the young Lawyer. He further submitted that FIR is an abuse of process of law.
After considering the submissions of Senior Advocate Vikram Sharma with Advocate P.S. Pawar, Justice Rajnesh Oswal directed the Investigating Officer to investigate the contention of the petitioner with regard to the execution of Marriage Agreement between the petitioner and the victim and also the contention of the petitioner that the victim had voluntarily travelled with the petitioner alongwith others to Chandigarh and remained there from 16-11-2021 to 19-11-2021.
Looking into the urgency involved in the matter, the court directed the Registry to list this petition on 06-12-2021.JNF