Calcutta HC Refuses To Quash Case Against Additional CJM Accused Of Raping Woman On Pretext Of Marriage

The Calcutta High Court's bench of Justice Shampa Dutt (Paul) has dismissed the plea against the Order taking cognizance for offence punishable under Sections 376 (2)(f) of the Indian Penal Code against the petitioner-accused.

The petitioner's case is that he is a member of the West Bengal Judicial Service and at the time of the alleged incident he was posted as Additional Chief Judicial Magistrate.

It is his case that he was a victim of conspiracy where the opposite party no. 2 /Complainant filed this case against him in which charge sheet has been submitted and cognizance has been taken erroneously.

The opposite party no. 2/Complainant filed the complaint stating that in the year 2014 she had lodged a complaint against her husband and subsequently filed a divorce suit against her husband.

It was stated that during the pendency of the cases she came in contact with the Petitioner. The petitioner told her that he had separated from his wife and he will marry her. The petitioner had physical relation with the complainant several times.

It was stated that when the complainant's divorce was finalised, the petitioner started to avoid her and told her not to keep any connection with him and used filthy language and threatened to kill her and her son.

Advocate A. K. Dutta appeared for the petitioner whereas Advocate Kaushik Gupta appeared for the complainant. Advocate Saibal Bapuli appeared for the State.

The Court observed that "The Criminal proceedings in this is based on trust. The complainant put her trust and belief in the petitioner, who held an important post in the Judiciary. Being in a position of influence (Complainants case was pending before the petitioner), the complainant put her trust in the petitioner and believing such assurance continued in the relationship hoping that it would result in marriage."

The Court noted that in the present case there is substance in the allegations and material exists to prima facie make out the complicity of the applicant/petitioner in a cognizable offence, and observed that as such the proceedings in this case should not be quashed.

Accordingly, the Court dismissed the criminal revisional application.

Cause Title- Biswajyoti Chatterjee v. State of West Bengal & Anr.

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