PANJIM: First runner up of the Mr India Manhunt Contest 2015, Siddesh Juvekar, will face trial for rape and cheating after the High Court of Bombay at Goa quashed the trial court order discharging him from the case.
A known face in the fashion world in India, the Betul youth was charged with allegedly raping and cheating a Goan woman in an FIR registered by Colva police a couple of years ago. However, the Additional Sessions Judge, Margao, discharged him from the offences prompting the victim to challenge the order in the high court.
During the hearing, the victim’s counsel Advocate Aires Rodrigues submitted that the alleged accused was discharged by disregarding the well-settled principles of law. He pointed out that at the stage of considering question of discharge of an accused under Section 227 CrPC, it was not permissible for the Sessions Court to appreciate the evidence in a manner as to record findings on merits of the case.
Juvekar’s counsel submitted that the scope of revisional jurisdiction of the High Court is limited and confined only to examining the correctness, legality or proprietary of the order challenged. He further stated that on any of these parameters no fault could be found with the impugned order. “…if the trial of the accused is held for the offences alleged against him, it would be nothing but an exercise in futility,” the advocate said.
On hearing the arguments, Justice S B Shukre observed that the Additional Sessions Judge had committed illegality by discharging Juvekar in disregard of well-settled principles of law.
“Such an order cannot stand the scrutiny of law. The revision application is allowed. The impugned order is quashed and set aside. The trial shall proceed in accordance with law,” the order said.
It added, “Considering the nature of controversy which appears to be going on since the year 2009, it would be in the interest of justice that it is put to an end at the earliest. Therefore, it is directed that the trial shall be decided on merits within six months…” The two parties will appear on March 14.
