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

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