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ABDUL RAHIM ISHAK, AGED 50 versus STATE OF KERALA

High Court of Kerala

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ABDUL RAHIM ISHAK, AGED 50 v. STATE OF KERALA - Crl MC No. 1689 of 2007 [2007] RD-KL 8974 (30 May 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1689 of 2007()

1. ABDUL RAHIM ISHAK, AGED 50,
... Petitioner

Vs

1. STATE OF KERALA,
... Respondent

2. JAYANTHI, D/O. SARASWATHY,

For Petitioner :SRI.A.AHZAR

For Respondent : No Appearance

The Hon'ble MR. Justice R.BASANT

Dated :30/05/2007

O R D E R

R.BASANT, J.

Crl.M.C.No.1689 of 2007

Dated this the 30th day of May 2007

O R D E R

The petitioner faces allegations under Section 376 I.P.C. The crux of the allegation is that a home nurse who was brought to his residence was allegedly raped by him on a number of occasions from 06/06/2005 to 28/06/2005. The F.I.R was registered on 20/08/2005.

2. The learned counsel for the petitioner submits that the allegations are so inherently improbable and unnatural that no reasonable person can place reliance on the allegations raised. That the alleged sexual intercourses were not without the consent of the alleged victim is indicated and probabilised by the very version, it is urged. The version of the complainant cannot be accepted and therefore the F.I.R may be quashed, it is prayed.

3. It is true that reservations are raised in the mind of the court on certain aspects when the allegations are considered. But certainly that is no reason for a court to invoke the powers Crl.M.C.No.1689/07 2 under Section 482 Cr.P.C and to bring to premature termination an investigation which is commenced on the basis of the F.I.S lodged by the victim. Certainly the investigating officer will have to cross-check all the details and come to appropriate conclusions on the acceptability of the allegations raised by the defacto complainant. I do not find any merit in the prayer of the petitioner for quashing of the proceedings at this stage. The petitioner, it is submitted, has not so far approach this court seeking anticipatory bail. The petitioner can of course file such application before the appropriate court.

4. This Criminal Miscellaneous Case is in these circumstances dismissed.

(R.BASANT, JUDGE)

jsr // True Copy// PA to Judge Crl.M.C.No.1689/07 3 Crl.M.C.No.1689/07 4

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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