ARCHANA GUHA Vs. RANJIT ALIAS RUNU GUHA NEOGI

JUDGEMENT

(1.) The appellant abovenamed, on or about 20th August, 1977, filed a petition of complaint in the Court of the learned Chief Metropolitan Magistrate, Calcutta, against respondent No. 1 and other four Police officials alleging the commission of offences under Ss.325, 331, 348 and 509 of the Indian Penal Code and the learned Magistrate after perusing the complaint took cognizance and thereafter, examined the complainant and nine other witnesses and by an order dated 17th October, 1977, directed the issue or summons against respondent No. 1 under Ss.166, 333/34, 331/34, 348/34 and 509 of the Indian Penal Code and also directed the issue of summons against the other four accused persons more or less of similar Sections as indicated earlier. Thereafter, by an order dated 20th December, 1978, the learned Magistrate committed the respondent No. 1 along with others to the City Civil and Sessions Court, Calcutta for trial under the Sections as mentioned above. The case of the complainant as would appear from her complaint was that she was residing at 7, Jowpur Road, Dum Dum along with her brother's wife Smt. Latika Guha, her mother and other family members and one Mrs. Gouri Chatterjee, who was like a member of the family. It was alleged that on or about 18th July, 1974, at about 1-30 A.M. her house was raided by a number of Police officials disclosing that they had come from Lalbazar and according to complainant Smt. Archana Guha that the Police ransacked her entire room and carried out a search, alleging further, without asking for any independent witness. It was also alleged that thereafter, the said Smt. Guha along with Smt. Latika Guha and Smt. Gauri Chatterjee were taken to Cossipore Police Station and then in the morning of 18th July, 1974, they were brought to the Special D.D. Cell at Lalbazar, where they were questioned.

(2.) It has also been alleged that about 10 A.M. on 18th July, 1974, Smt. Archana Guha and two other ladies as mentioned above, were taken to the room of Shri Runu Guha Neogi respondent No. 1 abovenamed, which led to a torture chamber. It was alleged that Smt. Gouri Chatterjee was first taken inside the said chamber and little thereafter Smt. Archana Guha was taken there for the purpose of showing her the way and manner in which Smt. Chatterjee was being tortured. It was the allegation that thereafter, Smt. Archana Guha was also tortured and in fact, Shri Guha Neogi burnt the sole of the feet and elbow with lighted cigarette ends having her hung up on a pole with the head downwards. It was further been alleged that about 2-30 P.M. on that date, Smt. Archana Guha was also removed to the Central lock-up at Lalbazar. At about 4-00 P.M. she was again brought to the torture chamber and subjected to further torture by Shri Guha Neogi and the other Police officials against whom allegations were lodged.

(3.) It was also the allegation that then on 19th July, 1974, at about 11-30 A.M. all the ladies were taken to Sealdah Court and they were made to sit in the chamber of one Mr. Sanyal for some time, but they were not produced before the learned Magistrate and thereafter, they were again brought back to Lalbazar and Smt. Archana Guha was threatened and abused by Shri Guha Neogi and others and thereafter, all the three ladies were again subjected to various forms of torture which continued till 20th July, 1974.