1, 2 and 6 respectively) by which the High Court rejected the Writ Petition and thereby declined to quash the First Information Report (FIR)
No 122 of 2022 dated 21.06.2022 for the offences punishable under Sections 376, 323 and 354(A) of the Indian Penal Code (IPC) and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, 2012 registered at Women’s Police Station, Mirzapur, District Saharanpur for the above enumerated offences. Then one day during night hours after finding good opportunity, said Iqbal raped me. It is thereafter; both Iqbal and his brother Mehmood after finding opportunity, they used to rape me on every day.
It is however; Javed and Dilshad (Bahanoi of Iqbal) mercilessly beaten me and caused fracture to my head. It is further alleged that once when the victim offered resistance, the co-accused Javed (accused No 3) and Dilshad (appellant No.
This is for the reason that the allegation that Petitioner No 1 and 2 raped the Complainant on several occasions is completely vague given that the Medico Legal Cause (MLC) where the description of the incident as narrated to the doctor merely states that the said Petitioners attempted sexual violence. Lastly, with regard to the allegations under Sections 7 and 8 of POCSO Act said to have committed against the daughter of the Complainant, it is submitted that this allegation is against the Accused No. It is pertinent to mention that the State authorities have illegally demolished three residential houses of the Petitioners and the Respondent State is heavily relying upon the criminal cases registered against the Petitioners to show that they are habitual offenders and every time the Petitioners or their family members get protection (anticipatory bail or stay of arrest) from either this Hon’ble Court or the Hon’ble High Court, the local Police immediately registers false cases against them.
Also Read: https://newslaw.in/?p=548
g)
For the reasons mentioned above, the Special Leave Petition may be allowed and the order of the Hon’ble High Court refusing to quash the FIR No 122 of 2022 dated 21.06.2022 be set aside.”
SUBMISIONS ON BEHALF OF THE STATE: 6. b)
Also Read: https://newslaw.in/?p=554
Further, the Investigation Officer also recorded the statement of the independent witnesses to know that the complainant used to go in the house of Petitioners or not, the independent witnesses have revealed the truth that the complainant used to go in the house of Petitioners for odd jobs, after some time, she used to live there. During trial, the statement of Complainant and Victim were recorded as PW- 1 & PW- 2, wherein the Complainant specifically states that the Petitioner Iqbal @ Bala used to rape in the house and thereafter, the other accused used to rape the complainant and molested the daughter of the complainant. In view of the aforementioned factual & legal submissions, it is most respectfully submitted that the present special leave petition of the Petitioners is liable to be dismissed with exemplary cost and the impugned order dated 13.07.2022 passed by the Hon’ble High Court in Criminal Misc.
If any such discharge application is filed, the Trial Court shall look into the materials and take a call whether any case for discharge is made out or not.
Case Title: IQBAL @ BALA Vs. STATE OF U. P. (2023 INSC 685)
Case Number: Crl.A. No.-002342-002342 / 2023
