RAJKUMAR MONDAL @ RAJA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The revisional application has been preferred against the judgment and order dated 14.08.2014 passed by the Learned Additional Sessions Judge, Nabadwip, Nadia in connection with S.C. No. 4(6) of 2014 arising out of Nabadwip Police Station case no. 280 of 2013 dated 23.05.2013 under Sections 448/376/511/323/506 of the Indian Penal Code, wherein the learned Sessions Court was pleased to reject the application of the petitioner under Section 227 of the Code of Criminal Procedure, thereby refusing to discharge the petitioner from the case.

(2.) The prosecution case in nutshell is to the effect that one Monika Karmakar lodged a complaint with the Inspector-in-charge of Nabadwip Police Station to the effect that she is a poor woman staying with her mother at Tegharipara, Kalabagan, Bhatarpara P.O & P.S.- Nabadwip, District- Nadia. She alleged that adjacent to her residence one Raja Mondal (hereinafter referred to as "the petitioner") runs a factory and is very influential in the area. The said Raja Mondal often with his associates indulges in illegal activities including teasing her. However, because of social embarrassment she could not divulge the same to anyone but lastly on 20.05.2013 at about 8.00 pm taking advantage of absence of her mother the petitioner under the influence of alcohol entered her residence and touched her private parts and attempted to rape her by throwing her on the ground. Being afraid of the circumstances, the complainant raised hue and cry when the petitioner threatened her with dire consequences of murdering her. The complainant thereafter informed the incident to her neighbours and being worried of the situation sent the complaint through Postal Authorities to the police station.

(3.) On the basis of such complaint being received on 23.05.2013, Nabadwip Police Station case No. 280 of 2013 was registered for investigation under Section 448/354/376/511/323/307 of Indian Penal Code. The Investigating Authorities on completion of investigation submitted charge-sheet under Section 448/376/511/323/506 of Indian Penal Code. The list of witnesses included the complainant Monika Karmakar and other witnesses namely, Papita Karmakar, Mukti Sarkar, Samir Roy, Narayan Biswas, Laxmi Bala, Goutam Mondal, Dr. Partha Sarathi Sarkar, ASI Basudev Mondal and SI Tapas Kr. Ghosh.