Crl.Pet. 127/2016. Gauhati High Court

Case NumberCrl.Pet. 127/2016
Judgement DateJuly 13, 2019
CourtGauhati High Court

Crl. Pet. No. 127 of 2016

BEFORE

HON’BLE MR. JUSTI CE MANASH RANJAN PATHAK

13.07.2017

Heard Mr. S.C. Biswas, learned counsel for the petitioner. Also heard Mr. BB Gogoi, learned Addl. P.P. for the State and Mr. A. Kundu, learned counsel for the informant/ respondent No.2.

The petitioner, namely, Gobinda Mondal is a charge sheeted accused in Bijni Police Station Case No. 235/ 2013 (corresponding to GR No. 484/ 2013) under Sections 448/ 376/ 506 I PC and the said proceeding is presently pending before the learned Sub Divisional Judicial Magistrate (M) at Bijni, district-. The petitioner herein submitted that in the Chargesheet No. 134/ 2014 dated 28.09.2014 filed in said Bijni P.S. Case No. 235/ 2013, he has been shown as an absconder though police never visited his house in search of him and further, the medical report of the victim did not disclose anything regarding the sign of rape or any violence on her person. As such, the accused petitioner has filed this criminal petition praying for quashing of the Chargesheet No. 134/ 2014 dated 28.9.2014 filed in said Bijni P.S. Case No. 235/ 2013 (corresponding to GR No. 484/ 2013).

Perused the FI R dated 18.09.2013 lodged by the victim as well as her statement dated 04.10.2013 recorded under Section 164 CrPC wherein the victim implicated the accused/ petitioner for the offences under sections 448/ 376/ 506 I PC. Though the I nvestigating Officer in the said Chargesheet dated 28.09.2014 pertaining to said Bijni P.S. Case No. 235/ 2013 had shown the accused petitioner as an absconder, but the learned SDJM, Bijni issued summons to the petitioner for his appearance. However, in spite of receiving summons from the Court of learned SDJM, Bijni in said GR Case No. 484/ 2013, the accused/ petitioner on numerous pretexts, did not appear before him and took time on the dates fixed.

Whether the medical report reveals that there is any sign of any rape or violence on the person of the...

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