Research › Search › Judgment

Calcutta High Court · body

2015 DIGILAW 272 (CAL)

Durga Haldar v. Sk. Ahammad alias Ahammed

2015-03-20

INDRAJIT CHATTERJEE, SUBHRO KAMAL MUKHERJEE

body2015
JUDGMENT:- Indrajit Chatterjee, J. This appeal has been preferred under Section 372 of the Code of Criminal Procedure, 1973. The de facto complainant victim of Bhabanipur, Police Station Case No. 127 of 2012 dated 20.06.2012 under Sections 376, 379 and 344 of the Indian Penal Code (herein after called as the said Code). The said Bhawanipur P.S case was investigated by the Investigating Officer and charge sheet was submitted. The aforesaid case was committed to the Court of Sessions and registered as Sessions Case No. 118 (February, 2013) of the Sessions Judge, Purba Medinipur at Tamluk which was transferred to the learned Additional Sessions Judge, Second Fast Track Court, Tamluk, and registered as Sessions Trial No. 01(04)2013. The prosecution case can be stated in brief thus: that the accused now the respondent No. 1 before us was a data entry operator in the Income Tax Office at Durgachak of the said district. This de facto complainant victim was previously married. She came into contact with this accused. The accused disclosed his name as Amit Maity and allured the de facto complainant to marry her and she was threatened with dire consequences if she disagreed with the marriage. It was further case of the victim that from March 2011 to February 2012 she was kept confined in the house of the present accused/respondent and she was repeatedly raped in presence of the other family members of the accused respondent. She also complained that the accused person kept her gold ornaments in his custody and ultimately on 02.03.2012 she managed to escape and took shelter at her paternal house in Odisha and lodged this case. Several witnesses were examined by the prosecution and several documents were marked as exhibits. Admittedly the victim was more than 18 years at the time of the incidence and not only that she was a married lady with a son. Thus, here the question of consent is to be deeply considered. She claimed that the accused respondent disclosed his identity as one Hindu male and thereby cheated her. We are of the view that as a prudent and educated woman she must have enquired into the said claim. Thus, here the question of consent is to be deeply considered. She claimed that the accused respondent disclosed his identity as one Hindu male and thereby cheated her. We are of the view that as a prudent and educated woman she must have enquired into the said claim. It is impossible to believe that she was kept confined in the house of the accused respondent for a long period of more than a year when she was raped in presence of the other family members of the accused respondent. We cannot consider as to the claim of the victim that she was allured by the accused respondent. What happened in that one year cannot be termed as rape and according to us it was a conscious cohabitation between two adult persons. Regarding the theft of the ornaments, we like to say in the same tone with the learned trail judge that the prosecution failed to prove any incidence of keeping the valuable articles including the gold ornaments of the de facto complainant from the accused and far less the story of theft. Thus, considering the facts and circumstances of this case and giving our anxious thought on the judgment of the learned Trial Court, we are of the firm view that it was practically a case of acquittal and the learned Trial Judge duly passed the order of acquittal under Section 235 (1) of the Code of Criminal Procedure in respect of the charge punishable under Sections 376/379/344 of the said Code we confirm the judgment of acquittal passed by the learned Trial Court. Thus, this appeal being devoid of any merit is dismissed summarily.