DEEPAK KR PRAHLADKA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SASWATI Samaddar was a commercial clerk posted at Kolkata Railway Station. On February 25, 2010, she joined in the said post, after getting employment in the Railway. On April 30, 2010, she was on duty in Counter No. 4 in the Booking Office. One of her friends came to meet her. She was required to go to R.G. Kar Hospital, There was not many crowd at the counter. SASWATI took leave from the booking counter and went out of the railway station along with her friend. They moved towards Gajnavi Bridge when her friend boarded an auto- rickshaw and went away. It was about half past five, SASWATI noticed that a girl got down from a taxi and was proceeding to the bridge in nervous condition. The girl was wearing skimpy dress which attracted SASWATI's attention. The girl did not have slippers on and her hair was unfastened. She was found to be terror stricken having her both hands folded on her chest. SASWATI called her. The girl ignored the call and tried to proceed fast. SASWATI called her again, then the girl asked her about the way to station. On inquiry she disclosed in Hindi that she wanted to go to Satna in Madhya Pradesh. SASWATI informed her that no train used to go for Satna from the said station. At that moment, the girl with folded hands asked SASWATI to save her and help her to go to Satna. Looking at the girl, SASWATI was very much shocked particularly noticing her dress as quite obscure. She took her to the Railway Booking Counter and informed her colleagues. Her boss, Mr. Shome Chowdhury advised her to approach G.R.P. Office. By that time SASWATI already became aware that the girl fled away from Sonagachhi, a Red Light area in Kolkata. The railway staff gave her a white shirt, black trousers being the booking office uniform. SASWATI took her to bathroom so that she could change her dress. After the girl put on the uniform, SASWATI took her to G.R.P. Office. The G.R.P. informed her that it was within the jurisdiction of Kolkata Police. SASWATI rang up Immoral Traffic Department, Lalbazar and informed about the incident. At about 6.45 p.m. two officers in plainclothes along with a lady officer came and questioned the girl. The girl was feeling very nervous. She finally narrated everything in detail. The police got a rescue memo prepared which was signed by the railway staff including SASWATI. The girl was named as Priti Banshal, respondent No. 9 herein. The I.T. officers lodged a complaint at Ultadanga Police Station having jurisdiction over the Gajnavi Bridge area. The police produced the girl before the Child Welfare Committee, Kolkata on the next day. The Child Welfare Committee, Kolkata interrogated the girl and recorded her statement under section 164 of the Criminal Procedure Code.

(2.) THE statement of the girl so made before the police as well as Child Welfare Committee reveals as under:- Priti was a resident of Satna in the State of Madhya Pradesh. In or about February, 2010 she went to get vegetables from the house of Lata Singh being three/four houses away from her house. She did not know what Lata Singh had done to her. Facts remain, she got fainted. When she recovered from her sense she found herself in a car in the company of Lata and a male person whom she did not know. After spending two days and two nights in the car they took her to the hotel at Kalighat at Calcutta. After that Asha Singh and Nitu Singh went to the Kolkata hotel along with Tarun Singh and Amar Singh. THEy purchased her. Asha Singh and Nitu Singh took her to Sangambari at Sonagachi. Tarun Singh and his father used to beat her up. Asha and Nitu told her that they had bought her for two lac rupees and as such she should not try to escape from there. THEy also used to beat her badly. She was often kept under lock and key so that she could not escape. On April 30, 2010 at about 5.30 p.m. she somehow escaped and caught a taxi and went to Kolkata Railway Station. She was dropped far away from the station. She started crying when a lady rail employee took her to her office and informed the police station who rescued her. She should be sent to her parents as soon as possible. She was temporally kept in the custody of the All Bengal Women's Union wherefrom she was transferred to "Sanlaap" at Narendrapore for her future rehabilitation in terms of an order passed by (CWC) dated June 24, 2010. THE police caused the investigation. THE police team went to Madhya Pradesh as would appear from the report of Sadhan Ghosh the respondent No. 2 above named dated September 2, 2010.

(3.) I have heard Mr. Prahladka appearing in person as well as Mr. Dastoor learned Counsel appearing for Nitu Singh in respect of the respective applications. I have also heard Mr. Swapan Kumar Mallick learned Counsel for the state and the learned Counsel representing "Sanlaap".