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TMI Blog2019 (12) TMI 1559X X X X Extracts X X X X X X X X Extracts X X X X ..... mplaint of the 3rd respondent defacto complainant, who is none other than the first cousin of the petitioner accused. The prosecution case is that the petitioner had taken the 3rd respondent defacto complainant from Kottarakkara to a vacant space in Kozhencherry on last Thursday of November, 2016 in an auto-rickshaw and raped her from there. It is stated that Anx. A-1 FIR was registered on the basis of the complaint of the 3rd respondent against the petitioner, from whom she is allegedly became pregnant. It is stated that the petitioner has not committed any offences as alleged against the petitioner. That the 3rd respondent defacto complainant did not appear for taking samples required for the DNA test, despite notice given to her and dire ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.11.2016 to 30.11.2016, whereas the lodging of FIS and the registration of the same has been done as late as on 9.3.2017. The prosecution has not even given any reasonable explanation for the long delay of more than 3 months in the initiation of the criminal proceedings. 4. It is by now too well settled by a series of the rulings of the Apex Court in various decisions as in Thulia Kali v. State of Tamil Nadu (AIR 1973 SC 501), State of Andhra Pradesh v. M. Madhusudhan Rao [(2008) 15 SCC 582] etc., that delay in lodging the FIR, more often than not results in embellishment and exaggeration, which is a creation of an afterthought and a delayed report, not only gets bereft of the advantage of spontaneity, but the danger of the introduction o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... A reading of para No. 3 of Anx. A-4 order would make it clear like the day light that the petitioner accused has himself volunteered and had taken the bold stand before the learned Magistrate that he is prepared to undergo DNA testing so as to prove his claim that he is not in any manner responsible for the pregnancy of the 3rd respondent. Accordingly the learned Magistrate has passed Anx. A-4 order dated 23.3.2017 to ensure that the custody of the petitioner accused is handed over to the investigating officer for conducting the DNA test. It appears that the petitioner has fully co-operated with the investigation agency and has done his due part for effecting the immediate conduct of the DNA testing. Later, it appears that since the 3rd re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld have led to the demolition of the very substratum and foundation of the prosecution story. By the conduct of the 3rd respondent in not having co-operated with the investigating officer and the court below in the conduct of the DNA testing, in her adamant action in refusing to give any sample for DNA testing and the ultimate act of getting the foetus aborted have to be viewed very seriously. This Court has no hesitation to hold that in the light of the facts and circumstances of the case a serious and adverse inference has to be drawn on the abovesaid crucial conduct of the 2nd respondent. In the nature of the facts and circumstances alleged in the instant prosecution story, this Court has no hesitation to hold that, in view of the aboves ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onsider the issue quashment of the impugned criminal proceedings merely on the ground of settlement. Moreover, it is also to be held that the above act of the 2nd respondent defacto complainant in doing the above acts amounts to her deliberate action to destroy evidence, which tends to prove or disprove highly crucial and relevant facts and should be viewed as a malicious act on her part to scuttle the investigation and the judicial process and so it calls for interdiction of the impugned criminal proceedings. 7. In the light of the abovesaid findings of this Court, it is only to be held that, as the very substratum of the prosecution case has been shattered, the continuance of the impugned criminal proceedings is a sheer abuse of the proc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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