Nagpur: Interim protection granted by Division Bench of Honourable High Court (presided over by Justice Shri P. B. Varale and Justice Shri A. D. Upadhye JJ) to Elvyn Martin S/o. Joe Gomes, owner of famous Port-O-Gomez restaurant situated at South Ambazari Road, Nagpur, in Application filed by him challenging registration of FIR against him on complaint made by complainant with MIDC Hingna Police Station.
It was the alleged case of prosecution that Complainant and Elvyn were in a love relation and were residing together in a live in relationship at Hingna and Elvyn made a promise to marry complainant and on basis of said promise to marry, elvyn raped her and thereafter refused to marry her on ground that she belongs to Scheduled Caste. On the basis of complaint made by Complainant, MIDC Hingna Police station registered a FIR bearing crime no. 791/2017 against Elvyn for offences punishable under section 376, 417 of Indian penal code R/w section 3 (1) (xii) of The Scheduled Castes and The Scheduled Tribes (Prevention of Atrocities) Act 1989.
Being aggrieved by said action, Elvyn Gomes approached Honourable High Court by filing Application for quashing said crime registered against him, since no offence as alleged is made out against him. Counsel appearing on behalf of Gomes brought to the notice of Honourable High Court that by bare perusal of the FIR, no offence against Gomes is made out and in such circumstances it cannot be said that rape is committed by Elvyn since complainant herself admits that she was in love with Elvyn and she maintained physical relation with him consentually on the basis of promise of marriage and offence under Atrocities Act is also not made out from the bare perusal of FIR.
The counsel appearing on behalf of Gomes also argued that a failed promise to marry doesn’t amounts to rape. Elvyn in his application had also brought to notice of Honourable High Court that Complainant has lodged FIR against him for blackmailing him for money and for such illegal demands of Complainant, he had made various complaints with MIDC Hingna Police Station against her, however Officials of MIDC Hingna Police Station under political pressure simply registered Non Cognizable report against Complainant, which complaints are prior in time of registration of offence.
The Honourable High Court finding substance in the arguments put forth by the counsel appearing on behalf of Gomes, while issuing notices to State and complainant, directed MIDC Police Station to not to take any coercive steps against Elvyn until further orders.
Senior counsel Shri S. P. Dharmadhikari with Adv. Shyam Dewani and Adv. Dipenn Jagyasi with Adv. Sahil Dewani appeared on behalf of Elvyn Gomes.