Najama Mohd. Rafiq Khan v. The State Of Maharashtra And ORS

919-wp-82.2016 hvn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 82 of 2016 Smt. Najama Mohd. Rafiq Khan ..Petitioner.

V/s.

The State of Maharashtra and anr.

..Respondents Mr. V.R. Garud for the petitioner.

Mrs. M.M. Deshmukh, APP for respondent-State. CORAM : RANJIT MORE AND V.L.ACHLIYA, JJ.

DATED : 15th JANUARY, 2016 P.C. :- Head the learned counsel for the petitioner and the learned APP for the State.

2.

The complainant himself has filed an application for quashing the said FIR. The said FIR is registered under the provisions of section 376(d), 354A of Indian Penal Code and sections 4, 8 and 10 of the POCSO Act, 2012 alleging that the accused raped 10 years old girl of the complainant/petitioner.

3.

The offence under section 376 of the Indian Penal Code is heinous and against the society in terms of the ratio of the judgment of the Supreme Court in Narinder Singh V/s. State of Punjab [2014 AIR SCW 2065]. We are not inclined to entertain this petition. The same is dismissed.

(V.L.ACHLIYA, J.) (RANJIT MORE, J.) 1/1