STATE OF WEST BENGAL Vs. KADER KHAN

JUDGEMENT

(1.) The present appeals have been preferred by the State against the impugned judgment and order dtd. 6/5/2022 passed in C.R.R. 3012 of 2018 by the High Court at Calcutta, wherein the order dtd. 5/9/2018, passed by the Additional District and Sessions Judge, Fast Track, 2nd Court, City Sessions Court, Calcutta in Order No. 36 in Session Case No. 47 of 2012, came to be set aside.

(2.) The brief facts giving rise to this appeal are that on the basis of a written complaint, FIR No. 29/2012 was registered on 9/2/2012 under Ss. 376/223/506/34 of the Indian Penal Code, 1860 ; Hereinafter 'IPC'. and Sec. 25(ii)(a) & 27 of the Arms Act, 1959 against five accused persons, including the respondent herein. It was stated in the complaint that on 5/2/2012, the victim was returning home from Tantra Disco Thek in Kolkata at around 12:15 am at night, when one Lavi Gidwani offered to drop the victim home. Upon entering the car, the accused persons got into the car with her. Upon asking to be let out of the car, they refused and continued driving. Thereafter, she was threatened and gangraped at gunpoint. Later, near the crossing of Exide House, she was pushed out of the running car.

(3.) Thereafter, on 18/2/2012, three out of the five accused persons, namely Nishad Alam, Sumit Bajaj and Md. Nasir Khan; Hereinafter 'apprehended accused persons'. were apprehended and taken into custody. As two accused could not be apprehended, namely, the present respondent and Md. Ali Khan, on 5/3/2012, warrant of arrest was issued by C.M.M., Kolkata qua them. As their presence could still not be secured, on 12/4/2012, proclamation was issued against these absconding accused. Proclamation notices came to be affixed on 12/4/2012 and 16/4/2012.