
The First Information Report (FIR) submitted against former Finance Minister Raghavji relating sodomy charges has been dismissed by the Madhya Pradesh High Court, siding with Raghavji. The petitioner was unfairly prosecuted, the court ruled, because of “politically-oriented animosity” that drove the case.
With promises of a government position, Raghavji was accused of sexually assaulting his male domestic assistance over the course of three and a half years. The victim allegedly made CDs as proof of Raghavji performing the alleged activities.
Raghavji was forced to resign from his ministerial position as a result of the issue. He then filed a plea asking for the Indian Penal Code’s (IPC) unnatural offences, death threat, and common intention clauses to be removed from the FIR that had been lodged against him.
Justice Sanjay Dwivedi of the Madhya Pradesh High Court noted in a recent order dated June 14 that the allegation against Raghavji was driven by malice and intended to damage his image. The court alleged political hostility between the petitioner and the opposition parties. It also brought to light questions about the complainant’s trustworthiness because the person admitted to organising and creating the CD, which suggested a premeditated effort to compile evidence against Raghavji.
The complainant did not indicate any resistance or disagreement to the accused acts of unnatural sex at the time they allegedly occurred, the court added. The complainant’s father’s declaration that his son was mentally unwell and prone to making untrue accusations against well-known individuals was taken into consideration as important evidence in favour of the FIR’s dismissal.
Because it appeared that consent was involved in the case, the Madhya Pradesh High Court came to the conclusion that IPC Section 377 (unnatural offences) was not violated. The court found that the prosecution against Raghavji was malicious and decided in his favour. The FIR filed against him was quashed as a result of the plea being approved.
With the high court’s decision, Raghavji’s protracted legal battle is over. He had been accused of major offences that had a big influence on his political career.
Written by- MD Arib khalique , College- Galgotia university , Semester-4th intern under Legal Vidhiya
1 Comment
JAWED WAHAB · June 21, 2023 at 2:27 am
Very well drafted and reported.