Petitioner sought quashing of cognizance in a rape case alleging victim consent. Court held interference not warranted as victim was a minor. Liberty granted to raise consent issue at trial.
Application dismissed with liberty to raise issue of victim's legal competence and alleged consent before trial court.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.34650 of 2021
Arising Out of PS. Case No.-236 Year-2020 Thana- GHOSI District- Jehanabad
======================================================
Vikash Manjhi, S/o Dhirendra Manjhi, Resident of Village-Gandhar, P.S.Ghosi, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr.Tapeshwar Sharma, Advocate For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
2 28-04-2022 The petitioner is seeking quashing of the order dated
28.08.2020 passed in Ghoshi P.S. Case No.236 of 2020, corresponding to G.R. No.1528 of 2020, by learned Chief Judicial Magistrate, Jehanabad, whereby and whereunder cognizance of the offence under Sections 363 and 366A of the Indian Penal Code has been taken against the petitioner.
The petitioner’s counsel submits that the order of cognizance is bad in view of the statement of the victim recorded under Section 164 Cr.P.C., wherein she has stated about going on her own volition with the petitioner.
The learned APP appearing for the State has drawn the attention of this Court towards the deposition of the victim, wherein the court has assessed her age to be 15 years. It is submitted that being minor, there is no occasion for the
Patna High Court CR. MISC. No.34650 of 2021(2) dt.28-04-2022 2/2
petitioner to submit that she has given her consent. From the allegations ingredients of the offence for which cognizance has been taken are made out.
Considering the rival submissions, no case is made out for interference under Section 482 Cr.P.C., as the ingredients of the offence are made out from prima facie reading of the F.I.R.
The petitioner, however, would have liberty to raise the issue of the alleged victim’s consent claiming that she was legally competent to give her consent before the trial court at the appropriate stage, in accordance with law.
The application is dismissed.
(Madhuresh Prasad, J)
PNM
U T
2 issues framed by the court
Whether interference is warranted under Section 482 Cr.P.C. to quash cognizance taken in a rape corruption case against a minor victim.
Whether the petitioner can claim vitiated consent as a ground for interference at the pre-trial stage before the trial court.
1 provisions across 1 enactments
Vikash Manjhi
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
