DV ACT 2005   |   IPC 498A   |   Maintenance






Number of Documents : 1

INSTALL ANDROID APP



1.

RAPE
HC of GUJRAT at AHMEDABAD

on

2017-02-15
Criminal Misc App No 18202 of 2015J. J.B.PardiwalaShivlal Jerambhai vs State of GujratIPC 376, 342, 506

A team of doctors at the Civil Hospital tried to collect the semen sample by electrovibratory method for three times. It has been very specifically noted in the certificate that there was no erection or no ejaculation.

1. A team of doctors at the Civil Hospital tried to collect the semen sample by electrovibratory method for three times. It has been very specifically noted in the certificate that there was no erection or no ejaculation.

(2) In the overall view of the matter, I am convinced that the FIR is false. The case falls within the categories 3, 5 and 6 of the decision of the Supreme Court in the case of State of Haryana Vs. Bhajan Lal reported in AIR 1992 SC 604.In the FIR as well as in the statement of the prosecutorix recorded under Section­164 of the Cr.P.C., there are specific allegations that she was overpowered by the accused and was forcibly raped. These allegations stand falsified by the evidence on record.

3. In the result, this application is allowed. The F.I.R. being C.R. No. 1­4 of 2015 filed before the Bhavnagar City Mahila Police Station, District ­Bhavnagar, is hereby ordered to be quashed. Rule is made absolute. Direct service is permitted.
DOWNLOAD   |   GOOGLE DOCS   |   VIEW