MOSAREF HOSSAIN MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner is the de facto complainant of the First Information Report which has been registered as Deganga Police Station Case No. 442 dated 31-12-2010 under Sections 363/366/120B of the Indian Penal Code in respect of kidnapping of his 14 year old minor daughter. In the course of investigation the girl was recovered and it appears that her statement has been recorded under Section 164 of the Code of Criminal Procedure. After much persuasion the police took steps to add offence under Section 376 of the Indian Penal Code to array of accusations in the instant case. Subsequently, it appears that the principal accused was arrested and has been released on bail. The charge-sheet has been submitted in the aforesaid case and the matter is awaiting trial.

(2.) In the meantime, the petitioner complains that the accused persons and their associates have held out threats and are intimidating the petitioner and his minor daughter who are vital witnesses of the aforesaid case and has further threatened the petitioner thai his daughter would be kidnapped again.

(3.) The efficacy of criminal justice administration depends on the security and safety of the witness. It is the bounden duty of the State to create a congenial atmosphere so that confidence is instilled in the minds of the witnesses so as to enable them to depose truthfully in a Court of law without any fear or favour.