Daily Archives: April 8, 2017

Justice Padriwala #refuses to #quash a #rape case just because it is #settled


Man to face trial for rape 26 years after chargesheet filed

Times of India mobile

TNN | Updated: Apr 8, 2017, 07.21AM IST

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AHMEDABAD: Twenty-six years after he was accused of rape, Surat-based Husen Nakhuda will have to face the trial as Gujarat high court has refused to quash the FIR and the chargesheet against him in Surat.
This case is also an example of delay in court proceedings. Police had filed a chargesheet in the magisterial court concerned in 1991, within stipulated time after registration of the FIR. However, the magisterial court had not sent the chargesheet for the purpose of trial in a sessions court.

More than two-and-a-half decades later, Nakhuda approached the high court with prayer to quash the chargesheet and the FIR on two grounds. He submitted that the FIR and the chargesheet can be quashed because he and the victim have already settled the matter by reaching a compromise. He also requested the HC to quash them on the ground of long delay that 26 years have passed since the alleged incident.

It was also submitted on part of the accused that the alleged rape survivor was married off in some other state. Her husband and in-laws are not aware of the case. In case the trial commences, the in-laws of the woman would come to know about the case and she may have to face unnecessary harassment. After hearing the arguments, Justice J B Pardiwala refused to quash the case. He observed, “The allegations levelled in the FIR are quite serious. The materials collected in the course of the investigation forming the part of the chargesheet constitute more than a prima facie case. In a case where an accused is charged for the offence of rape, this court should not accept the settlement.”

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http://m.timesofindia.com/city/ahmedabad/man-to-face-trial-for-rape-26-years-after-chargesheet-filed/articleshow/58073626.cms

Married woman gets physically close to a call centre chief. Files #Rape when guy wants to marry her !!

A 42-year-old a call centre chief divorcee¬†himself falls for some HR executive who is a married woman. This guy starts believing all her yarn and thinks she is going to marry him… but that woman are smart. She just wants to have sex with this guy but continue her existing marriage. Soon our lover starts pressing her for marriage and promptly she files a rape case on him.. our hero get a rested and has spent eight months at Tihar

Here is his story in his own words !!

From INDIA TODAY WEB EDITION


Highlights
A 43-year-old man wrote to the Prime Minister’s Office and the women and child development ministry against rape charges levied against him for keeping his promise of marriage to a girl.

In his petition, the man claims that while men get rape charges pressed against them for ending a relationship, he was pressed with one for keeping it. He claims that the lady in question was not interested in marrying him but only in continuing with their sexual relationship.

Arnab Ganguly, a businessman, moved to Gurugram in late 2015 after being divorced for eight years.

He set up a call centre, where he met the ‘love of his life’, who he did not know would be the cause of all trouble. “She was working as an HR executive for my company. After sharing an employer-employee relationship for a couple of months, she started sharing her personal life with me. She used to talk about her painful marriage, and having undergone divorce myself, I used to tell her how she could set it right,” Ganguly told Mail Today.

After the woman ‘expressed her love’ for him, Ganguly says he asked her to think about their future and suggested if she would want to divorce her husband. “At the age of 42, I did not want a mere boyfriend-girlfriend relationship. We got physically intimate only after she assured me of marriage. I told her that if she is serious about the relationship, we should take it a step forward. She asked for time and said she will give a final decision in January (last year),” he said.

In the meantime, Ganguly moved to Kolkata and started communicating with her through e-mails.

He soon realised that the woman was trying to avoid marriage. “I told her I would come to meet her and her family on March 6 of last year and talk about marriage. But four days before my ticket to Delhi, the Delhi police arrived at my house in Kolkata and arrested me on rape charges,” he said.

Eight months after spending time in Tihar, Ganguly decided to write to the lawmakers to intimate the use of the draconian law against the innocent.

In his petition to the PMO, he said, “If a girl is in a relationship with a man, promised to marry him, gets physically intimate and then refuses to marry him that happened in my case, can a rape charge be filed against the girl?”