The Bombay High Court has quashed an FIR against a 20-year-old accused of raping a minor girl from Pune. The court has taken this step on the statement of the victim, in which she told the court that she has no objection if the FIR is quashed. The victim said that she wants to pursue further studies, but she will face many difficulties due to the court proceedings. In such a situation, she wants to forget the past and focus on her better future.
On this matter, the Bombay High Court observed that there is hardly any chance of conviction if the prosecution is allowed to continue with the case. So it will be nothing but a futile exercise. A division bench of Justice Prasanna B Varle and Justice Sriram M Modak was hearing the petition of the accused seeking quashing of the FIR, which was registered by the Pune police station in 2019.
The accused in this case was registered on November 23, 2019 at a police station in Pune under sections 376 (rape), 377 (unnatural offences) and 506 (criminal intimidation) of the IPC and the Protection of Children from Sexual Offenses Act, 2012. Case was registered. According to the FIR registered in the year 2019, both the accused and the victim lived in the same locality. They were good friends, but the accused sexually assaulted her by taking her to an unknown place.
After this incident, the accused threatened the victim and told her not to tell this to anyone. However, after some time the victim narrated her ordeal to her grandfather, who took her parents into confidence and lodged an FIR at the police station. Advocate Nitin Gaware Patil, appearing for the accused in the case, said that even though the offenses against him are serious, the court should consider the statement of the victim.
Advocate Nitin Gaware Patil asked the court to use his discretion in view of the victim’s affidavit, as the victim has expressed her desire to lead a peaceful life and focus on her future. At the same time, Chief Public Prosecutor Aruna S Pai, representing the state, said that even though the parties are seeking quashing of the FIR by agreement and consent, the petition should be dismissed in view of the serious offence.