2019 (4) TMI 982

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..../respondent. 3. The allegations in the FIR are that prosecutrix was known to the respondent/accused. Prosecutrix had kept a gold chain with the respondent/accused who is a jeweller. It is contended that her husband had died in the year 2005 and in 2006 she had gone to the respondent to take back her chain when she informed the respondent that her husband had expired. 4. It is alleged that he stated that he would take care of her and her child. She, however, objected stating that he was married to which respondent is alleged to have stated that he would take care of everything. It is alleged that one day, he took her in his car and forcefully made physical relationship with her. The car was alleged to be a Santro Car having tinted clas....

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.... of the complaint under Section 138 of the Negotiable Instruments Act. As a counter-blast to the complaints filed by the respondent against the prosecutrix and also against her brother, he was implicated in this false case. 8. Trial Court, on going through the material collected during investigation, found that there was no medical evidence to corroborate the version of the prosecutrix and no complaint had been lodged by the prosecutrix till 28.01.2013; though she had alleged that she was raped in the year 2006. 9. Trial Court also noticed that in the complaint she had alleged that she was raped from the year 2006 till April, 2012 whereas when she was produced for her medical examination, she contended that she has been raped from yea....

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....l the times tried to talk about the children of the complainant. 8. That the complainant has trust the behaviour of the accused and also more than the gods. 9. That the accused developed the physical relationship with the complainant and the accused used to rape the accused in his car because the glass of the car is covered with black film. The accused regularly with threating the complainant raped from the year 2006 to till April, 2012. 10. That the accused know that no one remain to look after the complainant. The complainant told all family history to the accused. 11. That during this period, the accused kept all the relevant papers of the properties of the complainant in his custody. In the year 2011,....

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....es and hence the accused is liable to be punished in accordance with law." 12. Perusal of the allegations show that the allegations are very vague and complainant/prosecutrix has not given any specific details about the alleged offence. There is a bald statement that one day the respondent had forcefully made relations with her in a car. Thereafter he had continued to rape her from year 2006 to 2012. The allegations against the respondent as is evident from the FIR as well as her statement recorded under Section 164 Cr. P.C. are vague and the said allegations have also not been corroborated by any material on record including the medical report. 13. As per the prosecutrix, admittedly there is a prior complaint filed by the respondent ....