376/420 ipc
Ajay Basak
(Querist) 15 April 2014
This query is : Resolved
Miss Riya (34 years old) filed a case on 2012 that in 2008 when she visited the house of Mr. Ashok, Mr. Ashok raped her at gun point and after rape Mr. Ashok agreed to marry Miss Riya. And both were in love and continued the sexual relationship till 2012 and during this periods she also got pregnent once. But one fine morning Miss Riya found that Mr. Ashok is married with a child and Mr. Ashok refused to marry Miss Riya. On this Miss Riya filed a case with police and it registered u/s 376/420 IPC.
In her statement u/s 161 and 164 Cr.P.C complainant said that the sexual intercourse was consensual but with promise to marry. But she failed to produce any evidance either material or person who have ever seen the complainant and accused together during this last five years or any material photo, letter, cards etc which suggest any closeness between the complainant and the accused. She failed to produce any evidence in respect of her pregnency or possession of gun by the accused. The complainant even did not appear for medical examination even after several insistances from the I.O of the case & lastly give declaration that she is not interested in the medical examination.
Almost after 9 months since the lodging of the case and statement u/s 161 & 164 Cr.P.C the complainant submitted an Affidavit stating that she filed the complaint only out of heated argument with the accused and she is still unmarried and she is planning to marry soon and do not want to continue the case anymore. On this I.O prayed for fresh statement u/s164 of Cr.PC. But the magistrated refused saying that there is no need of fresh statement in this case. The complainant with her mother visited the SHO and IO of the case on several occasion that they do not want proceed any further with the case.
The case is still pending
What is the remedy?? Please help
Devajyoti Barman
(Expert) 15 April 2014
who are you and how are your related to this query?
Looks like moot court discussion.
Quashing is an option but subject to discretion of court.
