VidhiSangh

Supreme Court of India · 16/06/2022

MS. P XXX versus STATE OF UTTARAKHAND & ANR

[2022] 15 S.C.R. 324 · 2022 INSC 648

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Summary

A woman engaged in her village in District Chamoli, Uttarakhand alleged that her fiancé had sexual intercourse with her against her will at his Delhi residence in February 2016 on the threat of ending the engagement, later demanded Rs 25 lakh, and in late 2016 abused and threatened to kill her over the phone. A charge-sheet under Sections 376, 504 and 506 IPC was committed to the Sessions Judge, Chamoli, who discharged the accused of the Section 376 offence for want of territorial jurisdiction, leaving the prosecution free to proceed in the proper court, and sent the remaining offences to the Magistrate, who later acquitted him. The Uttarakhand High Court dismissed the complainant's revision in a cryptic order treating the discharge as an acquittal.

Issues

  1. Whether an alleged rape committed at Delhi and later offences of insult and criminal intimidation committed by phone calls received at Chamoli are 'one series of acts so connected together as to form the same transaction' under Section 220 CrPC so as to be triable together at Chamoli.
  2. Whether the Magistrate's trial of the segregated offences under Sections 504 and 506 IPC was void under Section 461(l) CrPC, and whether the accused, acquitted of those offences, may be tried again.

Provisions considered

Held

Result

Appeal dismissed; the Sessions Judge, Chamoli's order of 28.10.2017 discharging the accused of the offence under Section 376 IPC for want of territorial jurisdiction, with liberty to the prosecution to proceed in the appropriate court, upheld.

Judgment PDF: Supreme Court of India, [2022] 15 S.C.R. 324.