UTPAL SUBARNA Vs. STATE OF WEST BENGAL
LAWS(CAL)-1996-2-3
HIGH COURT OF CALCUTTA
Decided on February 14,1996

UTPAL SUBARNA Appellant
VERSUS
STATE OF WEST BENGAL Respondents




JUDGEMENT

- (1.)This revisional application is directed against the Order dated 26-8-92, passed by the Ld. Asst. Sessions Judge, Purulia, framing charge under Secs. 376/420/493 of the I.P.C. in SC Case No. 75 of 1991, arising out of Purulia Town, P.S. Case No. 143/1989 dated 2-8-89 under Section 376 and 420 of the IPC.
(2.)On 2nd August, 1989, Ratna Chatterjee of Dulmi, Purulia lodged a petition of complaint before the Ld. Chief Judicial Magistrate at Purulia and the said complaint was sent to Purulia Town, P.S. Case for treating same as F.I.R. The petitioner who is a young man, gainfully employed, in Tata Yodogawa Ltd. is a resident of Vill. Muri of P.S. - Silli, Dist. Ranchi. Smt. Ratna Chatterjee and the petitioner were known to each other from before and the petitioner used to come to the house of the complainant. Ratna, O.P. No. 2 who is a graduate with Honours in Economics from Chaibasa College. In December, 1987, the petitioner came to the house of Ratna. He often visited in the absence of her father. Her mother was working at Muri. On 26th April, 1989 Ratna was alone in her house at mid-day and the maid servant was engaged in house-work; taking advantage of the situation the petitioner stealthily entered the room of Ratna and committed rape upon her by putting a pillow cover in her mouth and terrorising her by showing a knife. She tried to resist but in vain. Thereafter, the accused person twice committed inter course with her. He also told Ratna not to disclose the matter to any third person and assured her that he would marry her. She became pregnant and had been carrying for some weeks, when she went to Muri to tell her mother about the thing, and disclosed everything to her, then the mother told her father about it. Both of them informed the matter to the parents of the accused person when they agreed to the marriage of the petitioner with Ratna after his appointment at Gomaria. Thereafter, the accused petitioner and his parents refused to solemnize the marriage and there was thus a delay in filing the F.I.R.
(3.)The Police after investigation submitted chargesheet on 30-1-90, u/Secs. 376 and 420 of the IPC against the accused petitioner. The Ld. Trial Judge by the impugned order has come to the findings that there are sufficient materials for the framing of charge u/S. 376/420/493 of the IPC. The main contention of the revisionist is that the impugned order passed by the Ld. Trial Judge is the result of non-application of mind and that materials on record do not make out any case under Sections 376, 420 and 493 of the IPC. The stand of the petitioner is that there was a love-affair between the petitioner and the Ratna and she was a consenting party to the alleged incident of co-habitation and therefore, the question of rape does not arise and she was also more than 18 years of age at the material time. According to the petitioner, there is no element for constitution an offence under Sections 420, 493 and 376 of the IPC.
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