SUSMA KUMARI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is the defecto complainant in Burdwan Women Police Station Case No. 164 of 2014 dated 30. 11. 2014, under Sec. 493, 376, 377, 420 of the Indian Penal Code and is aggrieved and dissatisfied with the impugned order of the trial Court dtd. 14/12/2015 passed by the Additional Sessions Judge 2nd Court at Burdwan, in Sessions Case No.177 of 2015 and has preferred to file the present case in this Court. By dint of the said impugned order, the trial Court has discharged the accused person under provisions of Sec. 227 CRPC.

(2.) Criminal proceedings were set in motion pursuant to the first information report lodged by the present petitioner/defecto complainant on November 29, 2014. The crux of the allegations made in the FIR may be narrated to be that the defecto complainant maintained a romantic relationship with the accused person, that is, opposite party No. 2 in this case, since previous six years from the date of filing of the said first information report. She stated to have consented to such relationship with the accused person due to his misrepresentation regarding his marital status as well as his false promise to marry the defecto complainant at any future point of time. She has stated that later on, when the accused severed relationship and contact with her, she pursuent to her own endeavour could come to know that the accused has been a married person from a previous date that is since previous two months from the date of her coming to know about the fact. These has prompted the defecto complainant to file the police case against the accused person for falsely representing to her and procuring her consent to the sexual relationship with him on such false representation and false promise to marry her.

(3.) The police investigated into the matter and ultimately filed charge sheet against the accused person/opposite party number two in this case under Sec. 393, 376, 420 and adding Sec. 377 of the Indian Penal Code. Subsequent thereto the accused person preferred to file an application in the trial Court under Sec. 227 of the CRPC praying for his discharge from the case. Upon hearing the parties the trial Court has passed the impugned order dated December 14, 2015, allowing his application for discharge. The petitioner being aggrieved with the said order has come up before this Court in the present case.