This is a fit case which will have to be tried after a full-fledged investigation, says court
This is a fit case which will have to be tried after a full-fledged investigation, says court
The Bombay High Court recently refused to quash the First Information Report (FIR) filed against a man after his cook accused him of forcible sexual intercourse and made her abort the foetus. The court held, “This is a fit case which will have to be tried after a full-fledged investigation.”
A Division Bench of Justices Nitin Jamdar and N.R. Borkar was hearing a criminal petition by Edwin Thomas seeking to quash the FIR and charge sheet in the case.
The complainant is a cook who has said that Mr. Thomas came to stay next to her house in August 2019 and inquired about the availability of a cook and since she was living close by, she joined immediately.
She started working with Mr. Thomas from August 25, 2019 and on September 4, he grabbed her and forced her to have sex. As per the FIR, Mr. Thomas forced her to have sex for nine months from September 4, 2019 to May 20, 2020.
The advocate appearing for Mr. Thomas contended the woman’s version kept changing and is therefore unbelievable.
The court said, “We do not find any variance in the statements… therefore it cannot be said that the woman could not have been deceived on the promise of marriage. In the statement also there is reference to forcible intercourse on the ground of promise of marriage. Considering these facts, we do not find any case made for quashing the FIR.”
