Driven by 'momentary emotions': Rajasthan HC quashes rape FIR against minor's lover
Jodhpur, Nov 29: The Rajasthan High Court has quashed the FIR registered against a man for allegedly raping and impregnating a minor, saying that the girl and the accused were lovers and she had consented to the physical relationship.
The single-judge bench of Justice Dinesh Mehta said that the mistake or blunder which otherwise constitutes an offence has been committed due to "immature act and uncontrolled emotions" of two persons, out of whom, one is still a minor.
Justice Mehta observed that the girl has been consistent in her stand that she consented to the physical relationship and the parents of both have forgiven them, and intend to marry them off when she attains marriageable age.
In its judgement passed on November 13, the court commented that both being immature, apparently driven by momentary emotions, have fallen prey to lust, surpassing social, moral and legal limits. "But if the prosecution continued, the petitioner is sure to face conviction, as the girl is a minor," the court said.
The FIR in the matter was registered against the petitioner after the girl was taken to the hospital on complaint of stomach pain and was diagnosed as pregnant by the doctors. She later delivered a baby boy.
Jodhpur police had filed a case following recording of statements of the girl under Section 376 (rape) of IPC and relevant sections of the POCSO Act.
The petitioner then moved the high court praying for quashing of the FIR against him stating that the parents of the girl and the girl herself have reached a compromise with him and his parents will solemnize the marriage of the girl with him as soon as she attains the age of majority.
Petitioner's counsel Gajendra Panwar submitted in the court that neither the girl nor her parents have any grievance or grudge against the petitioner while admitting the act of relation between them as consensual.
Pointing out that neither party wants the petitioner to be punished, Panwar argued that continuation of the prosecution in the light of the facts of the case will serve no just purpose.
The statements of the parents of the petitioner and the girl were recorded in the court.
Parents of the girl said in the court that due to the society's pressure and stigma, they are not even in a position to keep their grandson with themselves and that innocent two-month-old boy is housed in a nursery, only because of the pendency of the impugned FIR.
Observing that the conviction will result in 10 years of incarceration which would bring more agony and misery to the girl and her newly born son, Justice Mehta ordered to quash the FIR against the petitioner.
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Counting for Bagalkot, Davanagere South bypolls on May 4 amid tight security
Bengaluru (PTI): Counting of votes for bypolls to two assembly constituencies in Karnataka -- Bagalkot and Davanagere South -- will be held on May 4, amid tight security, election officials said Sunday.
The by-elections were held on April 9.
The bypolls were necessitated by the deaths of senior Congress MLAs H Y Meti (Bagalkot) and Shamanur Shivashankarappa (Davanagere South).
Although the outcome of these by-elections is unlikely to have an immediate impact on state politics, the contest is seen as a matter of prestige for both the ruling Congress and the opposition BJP.
While the Congress faces the challenge of retaining both seats, the BJP aims to wrest them and deliver a setback to the ruling party, which is currently witnessing an "internal power struggle" over leadership.
There has been speculation that a decision on leadership change and the much-awaited cabinet reshuffle is likely after the May 4 results.
According to the Election Commission, the voter turnout in Bagalkot was 68.74 per cent, and it was 68.43 per cent in Davanagere South.
Poll officials said the counting of votes would begin at 8 am, and the clear picture may emerge by mid day.
Adequate security arrangements have been made for the smooth conduct of the counting and to ensure that no untoward incidents happen during or after the declaration of results, according to top police officials.
Preparations have been completed at the University of Horticultural Sciences in Bagalkot and DRR School at Davanagere for counting of votes.
According to election officials, 14 tables each have been set for vote counting on EVMs at counting centres both in Bagalkot and Davanagere South assembly segments, where nine and 25 candidates were in the fray respectively.
The BJP fielded former MLA and 2023 defeated candidate Veerabhadrayya Charantimath from Bagalkot, and a fresh face, Srinivas T Dasakariyappa, from Davanagere South.
The Congress gave tickets to family members of the late legislators in both constituencies. Bagalkot candidate Umesh Meti is the son of H Y Meti, while Samarth Mallikarjun from Davanagere South is the grandson of Shamanur Shivashankarappa.
Samarth's father, S S Mallikarjun, is a minister in the Siddaramaiah-led Cabinet and in charge of Davanagere district, while his mother, Prabha Mallikarjun, is a Member of Parliament from the region.
The BJP is looking to make gains in the bypolls and energise its cadre ahead of the 2028 Assembly elections. For the Congress, retaining both seats is crucial, as a loss could be seen as a negative verdict on the performance of the Siddaramaiah-led government.
Muslim disgruntlement appears to be a concern for the Congress in Davanagere South. With 14 of the 25 candidates in the fray belonging to the community, there are apprehensions within the party about a split in votes, which could benefit the BJP.
Given its significant presence in the constituency, the Muslim community strongly demanded the Congress ticket for Davanagere South. However, the party fielded late MLA Shivashankarappa's grandson Samarth. This is said to have caused disgruntlement among the community and Muslim leaders within Congress.
Although the Congress persuaded a rebel candidate Sadiq Pailwan to withdraw, he remained in the fray as the move came after the deadline for withdrawal of nominations.
The Congress, after the polls, even took action against some Muslim leaders of the party following allegations of "internal conspiracy" to defeat the candidate in Davanagere South. The action included MLC K Abdul Jabbar being suspended from primary membership and Chief Minister Siddaramaiah relieving another MLC, Naseer Ahmed, from the post of CM's political secretary.
Speculation are rife that Housing Minister B Z Zameer Ahmed Khan may also face disciplinary measures during the next cabinet reshuffle. So, the Davanagere South results are crucial for Khan as well.
Following these actions, some Muslim clerics and leaders had openly warned the grand old party.
In Bagalkot too, the Congress faced initial dissidence, with other members of Meti's family seeking the ticket. However, Siddaramaiah's intervention helped resolve differences to an extent, and they campaigned together.
The BJP, in contrast, saw little dissidence over candidate selection, with its leaders campaigning in unity.
Leaders of Congress and the BJP have expressed confidence about their parties winning both the seats.
In the 2023 Assembly elections, H Y Meti defeated BJP's Charantimath by a margin of 5,878 votes in Bagalkot, while Shivashankarappa defeated BJP's B G Ajay Kumar by 27,888 votes in Davanagere South.
