ACHINTA SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The defacto complainant filed a petition before the learned Chief Judicial Magistrate at Malda on 11/4/2007 stating, inter alia, that on 10/3/2007 at about 11.30 pm, accused Achinta Sarkar, appellant herein trespassed into her bed room and committed rape upon her under threatening of dire consequences. The defacto complainant raised alarm which attracted her father Sudhir Singha. He apprehended the accused and raised hue and cry. Hearing such hue and cry local villagers rushed to the place of occurrence and came to know about the incident. At that time one Phoni Mondal came to the spot and declared in presence of the villagers that he would arrange marriage of the defacto complainant with the appellant. He also promised to hold a village 'salishi ' over the said incident and requested the defacto complainant not to lodge any complaint in the police station. The defacto complainant subsequently contacted the accused persons but they flatly refused to fulfill their promise. She was abused with filthy language and driven out from the house of the accused No.1.

(2.) The defacto complainant further stated that she informed the matter to the police attached to Baishnabnagar Police Station in writing but police did not take any action against the accused person.

(3.) Learned Chief Judicial Magistrate transmitted the said petition filed by the defacto complainant to the jurisdictional P.S directing the Officer-in-Charge of the police station to consider the said petition as FIR and start investigation following registration of a specific case against the accused person.