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Judgment
Sujoy Paul, Judge
In this petition the petitioner has challenged the FIR dated 29.1.2012. By referring to the averments of the FIR and statement of the prosecutrix, Shri Khan submits that no case is made out u/s 376 IPC. Shri A.S. Rathore, learned Panel Lawyer, supported the order.
I have heard learned counsel for the petitioner and perused the record.
Learned counsel for the petitioner by placing reliance on a photograph (Annexure P-7) and PAN Card (Annexure P-5) submits that the alleged incident cannot fall and termed as "rape". He submits that Annexure P-5 shows that the prosecutrix is major.
The FIR at this stage can be interfered with on limited grounds. The correctness of charges and evidence cannot be appreciated at this stage. The age of the prosecutrix, intention, motive, consent etc. are to be examined by the competent court on appreciation of merits/evidence. On perusal of the FIR and statement, I am unable to hold that no offence is made out. There is no ingredient on which interference can be made on an FIR. Petition sans substance and is hereby dismissed.