Srinagar, Sep 01: The High Court of J&K and Ladakh has rejected a petition by a resident of Kupwara, seeking the quashing of a case filed against him for offences of rape and recording of nude videos of a woman earlier this year.
The case (FIR 97/2023), according to police, was registered on 9 May 2023 with police station Kupwara for the commission of offences under sections 376, 420 and 506 IPC based on a complaint by the woman.
She had alleged that her brother was lodged in a jail outside J&K and she being an uneducated lady approached the accused, Irshad Ahmad Ganie, being known to her, for extending help in getting her brother bailed out. The woman also alleged that she paid Rs. 3 lakhs to the Ganie and that he several times molested her and committed rape on her without her consent. Besides she alleged that the accused recorded her nude videos and photographs and threatened her that in case she disclosed the same to anyone, he would upload the videos and pictures on social media besides showing them to her in-laws and her husband.
“A bare perusal of the complaint whereunder the impugned FIR has originated …..would reveal that the complainant ….in unequivocal and explicit terms has alleged the commission of the offence of rape besides the offence of cheating and criminal intimidation against the petitioner herein (accused),” a bench of Justice Javed Iqbal Wani said.
“Whether the allegations in the FIR make out a cognizable offence or not or whether the said allegations are genuine or unfounded is not to be looked into by this court at this stage as the veracity or otherwise of the said allegations and counter allegations levelled by the accused petitioner herein ought to be looked and inquired into by the investigating agency vested with the power thereof,” the court said, adding, “A plain reading of the FIR would prima facie disclose the commission of a cognizable offence under sections 376, 420 and 506 IPC alleged by the (woman).”
Consequently, the court declined to exercise its inherent powers under section 482 Cr.PC quashed the FIR and dismissed the petition.
