SC Allows Trial Court To Look Into Materials Of Case In Which Accused Allegedly Raped Woman, Outraged Modesty Of Her Daughter
The Supreme Court has allowed the Trial Court to look into the materials of the case in which the accused persons were alleged to have raped a woman and outraged the modesty of her minor daughter.
The two-Judge Bench comprising Justice B.R. Gavai and Justice J.B. Pardiwala said, “Although the allegations levelled in the FIR do not inspire any confidence more particularly in the absence of any specific date, time, etc. of the alleged offences, yet we are of the view that the appellants should prefer discharge application before the Trial Court under Section 227 of the Code of Criminal Procedure (CrPC). We say so because even according to the State, the investigation is over and charge sheet is ready to be filed before the competent court. In such circumstances, the Trial Court should be allowed to look into the materials which the investigation officer might have collected forming part of the charge sheet.”
The Court added that 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.
Senior Advocate Siddhartha Dave appeared for the appellants/accused while Additional Advocate General Garima Prasad appeared for the respondent/State.
In this case, the victim used to work for the appellant No.1 namely Iqbal and used to stay at his residence in a separate room. It was alleged by her that Iqbal and co-accused respectively used to regularly rape her and whenever her daughter (who was about 14 to 15 years) used to visit the residence of Iqbal to meet her, his sons used to misbehave and outrage her modesty.
It was further alleged that once when the victim offered resistance, the co-accused hit her resulting in a fracture on her head. Hence, the appeal arose before the Apex Court from an order passed by the High Court whereby it rejected the writ petition of the appellants and declined to quash the FIR for the offences punishable under Sections 376. 323. And 354(A) of the IPC (Indian Penal Code) and Sections 7 and 8 of the POCSO (Protection of Children from Sexual Offences) Act.
The Supreme Court after hearing the contentions of the counsel noted, “At this stage, we express no final opinion as regards the truthfulness of the allegations levelled in the FIR. … At this stage, we would like to observe something important. Whenever an accused comes before the Court invoking either the inherent powers under Section 482 of the Code of Criminal Procedure (CrPC) or extraordinary jurisdiction under Article 226 of the Constitution to get the FIR or the criminal proceedings quashed essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive for wreaking vengeance, then in such circumstances the Court owes a duty to look into the FIR with care and a little more closely.”
The Court observed that it will not be just enough for it to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not.
“In frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection try to read in between the lines”, held the Court.
Accordingly, the Apex Court disposed of the appeal with liberty to the appellants to prefer discharge application under Section 227 of the Cr.PC. before the Trial Court.
Cause Title- Igbal @ Bala & Ors. v. State of U.P. & Ors. (Neutral Citation: 2023 INSC 685)
