Wednesday, January 27, 2016

RAPE, cheating etc on 7 of boy’s family just Bcaz engagement cancelled! Bombay HC fines police, quashes case!!

RAPE, cheating on 7 ppl of boy's family just Because marriage engagement cancelled! Bombay HC fines police, quashes case!!

When an engagement is cancelled girl goes on to file rape (sec 376) & cheating (sec 417) on the boy , his sisters, his Uncle, Aunt etc. Boy's Uncle and aunt, who are doctors by profession are denied AB and arrested though they are NOT involved in the rape case !! (in jail for approx 14 days !) All this is AFTER Arnesh Kumar case Judgement by Hon Apex court. Later they seek regular bail and that is ALSO delayed in spite of HC directions (at the time of bail) . Finally Hon HC quashes the RAPE case (now) against all relatives other than the boy and also imposes costs on the state government for illegal detention.
"….26. It is pertinent to note that though the offence was registered under section 376 and 417 IPC, the FIR does not spell out any allegations of rape against the petitioner Nos.3 and 4. The Investigating Officer has stated in her affidavit that on 4.04.2015 she had received an application from the Respondent no.2 alleging that the petitioners no.3 and 4 had threatened her and that she apprehends threat to her life. It may be mentioned that no crime has been registered against these petitioners for threatening the Respondent no.2. These petitioners were implicated in the crime only on the allegation that they had influenced the petitioner no.1 in calling off the marriage and had thereby committed an offence of cheating punishable under section 417 of the IPC. Based on these allegations, these petitioners were arrested on 8.06.2015….."
"…..27. It is pertinent to note that the offence under section 417 is bailable and is punishable with imprisonment for one year, or fine or both, despite which these two petitioners were arrested and remanded to custody from time to time. Needless to state that the power of arrest as well as the power to remand cannot be exercised in a casual manner….."
"…31. Reverting to the present case, though the Investigating officer has stated in the affidavit that the guidelines as laid down by the Apex Court in the arrest of Accused were followed at the time of arrest, a perusal of the case diary reveals that the directions in Arnesh Kumar (supra) have not been followed. The concerned investigating officer had arrested the petitioners no.3 and 4 without ascertaining their complicity in the offence. Though the offence was bailable, these petitioners were produced before the Magistrate and remand was sought for "the purpose of ascertaining the reason for calling off the marriage, for verifying whether the other relatives were involved, to verify whether these petitioners were involved in cheating any other person and for arresting the co-accused Annasaheb Jadhav". The records reveal that the learned magistrate had also mechanically remanded them to custody from time to time without even ascertaining the nature of the allegations against these petitioners….."


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