HC dismisses plea seeking to quash FIR against rape accused

Representational Photo
Representational Photo

Srinagar, Sep 1: The High Court of J&K and Ladakh Friday dismissed a Kupwara resident’s plea challenging a case registered in May this year against him for committing rape and recording nude videos of a woman who had sought help from him to get brother released from jail.

“A bare perusal of the complaint where under the impugned FIR has originated… would reveal that the complainant… in unequivocal and explicit terms has alleged the commission of offence of rape besides the offence of cheating and criminal intimidation against the petitioner herein (accused),” a bench of Justice Javed Iqbal Wani said.

“Whether the allegations in the FIR make out a cognizable offence or not or whether the said allegations are genuine or unfounded is not to be looked into by this court at this stage as the veracity or otherwise of the said allegations and counter allegations leveled by the accused petitioner herein ought to be looked and inquired into by the investigating agency vested with the power thereof,” the court said.

The court said that a plain reading of the FIR would prima facie disclose the commission of a cognizable offence under sections 376, 420 and 506 IPC alleged by the (woman).

Subsequently the court declined to exercise its inherent powers under section 482 CrPC to quash the FIR.

According to Police, the case (FIR 97/2023) was registered on May 9 this year with Police Station Kupwara for commission of offences under section 376, 420, and 506 IPC based on a complaint by the woman.

She had alleged that her brother was lodged in a jail outside J&K and she being an uneducated woman approached the accused, Irshad Ahmad Ganie, being known to her, for extending help in getting her brother bailed out.

The woman also alleged that she paid Rs 3 lakh to the Ganie, and that he several times molested her and committed rape on her without her consent.

Besides she alleged that the accused recorded her nude videos and photographs and threatened her that in case she discloses the same to anyone, he will upload the videos and pictures on social media besides showing them to her in-laws and her husband.

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