RIYA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revisional application has been preferred against the order dtd. 6/3/2020 passed by the learned Additional Chief Judicial Magistrate, Alipore in connection with ACGR Case No. 3079 of 2017 arising out of Purba Jadavpur Police Station Case No. 69 of 2017 dtd. 22/6/2017 under Ss. 417/376/313/506 of the Indian Penal Code wherein the learned court was pleased to reject the prayer for further investigation.

(2.) Mr. Bhattacharya, learned senior advocate appearing for the petitioner is aggrieved by the manner in which the investigating authority has come to a conclusion.

(3.) Ms. Sukanya Bhattacharyya, learned advocate appearing for the State supports the findings of the investigating officer. I have perused the case diary and the statement of the victim under Sec. 164 of the Code of Criminal Procedure which was recorded before a learned Magistrate. On perusal of the same, I am of the opinion that the court while considering a case under Sec. 376 of the Indian Penal Code is supposed to take into account two basic issues which have been reiterated by the Hon'ble Apex Court. Firstly, the victim in a case under Sec. 376 of the Code of Criminal Procedure is an injured witness and secondly, the sole testimony of the prosecutrix is enough to come to a conclusion.