The said case arises out of a complaint preferred by the second respondent, who at the relevant point in 2006 was a nun and shehttp://www.judis.nic.in 2 has alleged in her complaint that she was repeatedly raped by certain Father Rajarathinam arrayed as A1 in this case.The case has been charge sheeted, committed to sessions and the charges have been framed and now pending trial before the Mahila Court, Trichy.At this stage, the petitioner herein has come forward with the present petition for quashing the charges.Isacc Mohanlal, learned senior counsel appearing for the petitioner argued that the only allegation against the petitioner is that after the repeated acts of alleged rape by the first accused, the prosecutrix / second respondent approached the petitioner, who at the time was functioning as Provincial in the church hierarchy and he is said to have hold preliminary enquiry into the allegation made against A1, who at the relevant time was a Principal in a college run by the Jenit's and subsequently held out threat to the petitioner.Before the Sessions Court, the petitioner faces trial for the charges under Sections 201 and 506(i) IPC r/w Section 34 IPC.On a reading the entire final report, which necessarily includes the statements of witnesses, including that of thehttp://www.judis.nic.in 3 prosecutrix, it is clear that the allegation of rape was directed only against the first accused and that itself has spread over a period of time.Even according to the statement of the second respondent, she was once conceived in one of those repeated acts of force-sex and the same was aborted and the only allegation, where she brings in the present petitioner is that on 29.09.2010, she made a complaint to the petitioner in his capacity as Provincial and further makes a statement that the Provincial on enquiry discloses that the first accused had denied the allegations made against him.The threat part of the second respondent is said to have been taken place subsequent to this enquiry.6. Heard the learned counsel for the petitioner and the learned Government Advocate and the learned counsel for the second respondent.The second respondent has also filed as styled as counter affidavit.On a reading of the same, it gives the wholesome concession to all the accused, who she had earlier alleged to have either raped her or supported the acts of rape as the case may be.http://www.judis.nic.in 4A reading of the entire statement of the witnesses including the prosecutrix, one fact that stands out is that nowhere there is an allegation that the petitioner had either harboured criminal or participated in any of the acts constituting rape at any point of time nor he suppressed any information deliberately to the Investigating Agency.Possibly if the Investigating Agency has treated him as a witness he might have been parted with any information.Herein the Court now wants to rely on the counter affidavit filed by the second respondent.This Court does not want tohttp://www.judis.nic.in 6 N.SESHASAYEE, J., ta stretch it for the offence of 376, for which the first accused now faces trial.Necessarily, charges for this offence should also now go.In conclusion, this Court holds that the charges framed against the present petitioner for the offences under Section 201 and 506(i) IPC r/w 34 IPC is quashed and this criminal original petition is allowed.Consequently, connected miscellaneous petition is closed.22.03.2019 Index: Yes/No Internet: Yes/No ta Note: Issue Order copy on 05.04.20191.The Inspector of Police, All Women Police Station, 4th Circle, Fort Police Station, Trichirappalli.2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.CRL.O.P.[MD]No.21512 of 2018http://www.judis.nic.in

Cited provisions: Section 506 in The Indian Penal Code; Section 201 in The Indian Penal Code; Section 34 in The Indian Penal Code