FIR alleging rape and intimidation deemed a honey trap; court finds no prima facie case against accused.
In a significant ruling, the Gujarat High Court has quashed an FIR registered against Manojbhai Kachrabhai Vasoya, accused of rape and intimidation, concluding that the allegations stem from consensual relations later exploited for extortion. The judgment, delivered by Justice M. K. Thakker, highlights the misuse of consensual interactions to frame serious charges under Sections 376(1), 114, and 506(1)(2) of the Indian Penal Code.
The case involved a 38-year-old married complainant, who alleged coercion into physical relations with the accused, leading to an FIR filed on June 11, 2021. However, upon thorough examination of call transcripts and other evidence, including the complainant's own video recordings, the court found that the interactions were consensual and strategically used to extort money from the accused.
Advocate Mr. Rahul R. Dholakia, representing Vasoya, argued that the complainant initiated contact via social media, leading to consensual meetings and relations. The defense highlighted attempts to blackmail Vasoya, demanding money and jewelry, eventually culminating in the FIR when these demands were unmet. The court noted that the allegations appeared inherently improbable and did not constitute a cognizable offense, aligning with the criteria established in the landmark judgment of State of Haryana v. Bhajanlal.
The prosecution, represented by APP Mr. Ronak Raval, countered by referencing the FSL report and the complainant's statement under Section 164 of Cr.P.C., arguing against the quashment at this stage. However, the court emphasized the lack of substantial evidence supporting the claims of rape and intimidation, underscoring the consensual nature of the interactions.
Justice Thakker's decision rested on the principles laid out in Bhajanlal, where the Supreme Court delineated scenarios warranting the exercise of inherent powers under Section 482 of the Cr.P.C. The judgment concluded that the allegations were frivolous, lacking the substance to justify criminal proceedings, thereby preventing potential abuse of legal processes.
This ruling reiterates the judiciary's role in discerning genuine cases from maliciously instituted ones, ensuring justice prevails over personal vendettas.
Bottom line:-
FIR quashed under Section 482 CrPC as allegations indicated consensual physical relations and not rape; deemed a case of honey trap and extortion.
Statutory provision(s): Section 482 CrPC, Sections 376(1), 114, 506(1)(2) IPC
Manojbhai Kachrabhai Vasoya v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2891364
