Read Time: 05 minutes
An FIR cannot be cancelled just because both the survivor and the offender are happily married to other people, the court observed.
The Calcutta High Court recently dismissed a revision petition moved by one Bhuban Basak in order to quash the proceedings against him under Sections 448/493/376 of the Indian Penal Code and Section 4/8 of the POCSO Act.
The single judge bench of Justice Sampa Dutt noted that from the materials on record including the medical report, age of the victim and the statements on record, there appeared to be a prima facie case against the petitioner of committing a cognizable offence and quashing the proceedings at the stage would amount to an abuse of the process of law.
"Both of them being married to other persons does not lessen the offence alleged considering the prima facie materials on record," said Justice Sampa Dutt.
According to the facts the accused, who was 22-years-old at the time, had a brief 'love affair' with the victim, who was just 14. He took her to various locations. The accused forcefully entered and raped the victim while she was alone at home on the day of the occurrence. When she shouted, he applied vermilion (sindoor) and convinced her that they were now married and then he fled away from the spot.
When her parents returned home, she told them about the incident, and an FIR was filed against the petitioner at Manikchak Police Station under Section 448/493/376 of the Indian Penal Code read with Section 4/8 of the POCSO Act and on 16th February 2019, Police submitted Charge sheet.
Advocate Mushraf Alam SK, counsel for the petitioner, submitted that he was in no way connected with the alleged commission of the offence and there will be miscarriage of justice if the proceedings of this case were allowed to continue.
Advocate Sujata Das, counsel for the State, placed the case diary on record, according to which as per medical reports, there were no marks of injuries in victim's private parts but the hymen was ruptured. She also alleged that the incident occurred on 11th January 2016 when she was a minor girl. Both of them got married to other persons, she told.
After hearing both parties, the bench noted that the materials on record were sufficient for the case to proceed towards trial and accordingly dismissed the petititioner's revision petition.
Case Title: Bhuban Basak vs State of West Bengal
Statute: Sections 376,448 & 493 of the Indian Penal Code read with Sections 4 & 8 of the POCSO Act
Please Login or Register
