KUNAL CHATTERJEE Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant before this Court is an accused in a case under Ss. 417, 376, 506 read with Sec. 34 of the Indian Penal Code and Sec. 6 of the POCSO Act. The complaint is the prosecutrix, who at the time of lodging of the FIR, was a major, but alleges that she was a minor and was the age of 15 years, i.e. more than three years back, when the appellant and the prosecutrix had a consensual relationship and the complainant agreed to be in relationship after the appellant had promised to marry her.

(3.) After she became major, the appellant backed out from his promise and the prosecutrix was humiliated by the parents of the present appellant. Thus, the prosecutrix was constrained to file an FIR, not only against the appellant, but also against his father, mother and uncle. This is the case of the prosecution.