Can't Believe That 4 Real Brothers, Their Father Would Rape A Mother Of 2 Children: Allahabad High Court Quashes Rape Case

The Allahabad High Court (Lucknow bench) quashed a criminal case against four real brothers, and their father, aged around 81 years who were booked for allegedly gang-raping a married woman, having two grown-up children

The bench of Justice Dinesh Kumar Singh observed that it was not believable that four real brothers and their father would commit rape on a woman having two grown up children.

Essentially, the Court was hearing a 482 CrPC plea moved by the accused persons seeking to quash the criminal proceedings initiated in the year 2014 in the instant case against them.

The police had, after investigating in the matter, submitted a final report exonerating the petitioners and their father for committing the offence. However, since the prosecutrix was not satisfied with the said final report, she filed a complaint before the Uttar Pradesh State Women Commission.

The Commission directed the Superintendent of Police, Kheri to submit a detailed report in the matter. In its report, Superintendent of Police, Kheri specifically stated that the case set up by the prosecutrix was completely a false case.

It was further stated in the report that the prosecutrix wanted to persecute the petitioners with malafide intention, and the report lodged by the prosecutrix was in retaliation for the report lodged against her husband and other relatives.

It was also said that the Investigating Officer after investing the offence, found that the case set up by the prosecutrix was completely a false case and a recommendation was made to take action under section 182 I.P.C. against the prosecutrix.

Meanwhile, against the final report exonerating the petitioners, the prosecutrix filed a protest petition, which was treated as a complaint case and after recording the statements of the prosecutrix and witnesses, the petitioners were summoned to face the trial for the offences under sections 366, 452 and 376 I.P.C. 

Taking into account the facts of the case, the Court came to a conclusion that as a measure of retaliation and vengeance, the prosecutrix had lodged these proceedings though the police did not find any evidence for the commission of the offence by the four real brothers and their father.

"Considering all these facts and also taking into account the report submitted by the Superintendent of Police, Kheri to the Uttar Pradesh State Women Commission, Lucknow, this court finds that the impugned proceedings are nothing but an abuse of process of the court to falsely implicate the petitioners, who are the real brothers, and their father, aged around 81 years for the offence under section 376 I.P.C," the Court observed as it allowed the plea.

In view thereof, the petition was allowed and the impugned proceedings of Sessions Trial pending in the court of the Additional Sessions Judge, Lakhimpur Kheri were quashed.

Case title - Srinivas And Ors. v. State of U.P. and Another [APPLICATION U/S 482 No. - 5233 of 2014]

Case citation: 2022 LiveLaw (AB) 339

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