Sudip Ahluwalia, J. - (1.) In this Revisional application the petitioner is a Police personnel accused of offences punishable U/Ss. 417/376 of the IPC, in Sessions Case No. 9(7)13 arising out of Cossipore P.S. Case No. 29 of 2013 dated 20.02.2013, pending before the Court of the Ld. Fast Track, 2nd Court, at Sealdah.
(2.) His contention is that he has been falsely implicated in the case at the instance of the defacto complainant/opposite party No. 2. She had lodged the FIR against him on the allegation that he had sexual intercourse with her by promising to marry her since September, 2012. But he subsequently refused to marry her and thereby committed the aforesaid offences. Further contention of the petitioner is that the FIR itself discloses no story of any force in the matter of physical intimacy between the parties, and since the complainant was admittedly of the age of majority at the relevant time and was also gainfully employed having sufficient mental maturity, so her complaint is out and out untenable. In addition, the petitioner has mentioned that earlier also the complainant had lodged a similar complaint against one Tapas Kumar Singha, also a Police Constable, being Jorabagan P.S. case No. 2612 of 2012 dated 22.03.2012 under identical Ss. 417/376 of the IPC. As such, according to the petitioner, there is actually no truth and merit in her next FIR now lodged against him.
(3.) On the other hand the application is been opposed by the de -facto complainant who asserts that there is sufficient material against the petitioner warranting his Trial. A number of decisions have been cited by both sides to support their respective contentions.;