BHUBAN BASAK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The present revision has been preferred praying for quashing of the proceedings in connection with Manikchak Police Station Case No. 17 of 2016 dtd. 13/1/2016 under Ss. 448/493/376 of the Indian Penal Code read with Sec. 4/8 of POCSO Act in G.R. Case No. 163/2016 which is registered as POCSO Case No. 13/2016, pending before the Learned Judge Special Court, 2nd Court, Malda, i.e. Additional District and Sessions Judge 2nd Court, Malda.

(2.) The petitioner's case is that a complaint was lodged by one Atul Basak of Madhabpur with Manikchak Police Station on 13/1/2016 against accused Bhuban Basak aged about 22 years to the effect that since 5/6 months with the assurance of marriage with his daughter Fultushi Basak, love affairs developed between the accused and his daughter and both visited many places. It is alleged that on 11/1/2016 in the morning about 11.00 a.m. when complainant and his wife were not in the house being engaged in day labour work, the accused entered the house and forcibly raped his daughter. He also put sindur on her head saying they were married. When his daughter raised alarm, the accused filed away. After knowing about the incident from his daughter, a complaint was lodged with Manikchak Police Station under Sec. 448/493/376 of the Indian Penal Code read with Sec. 4/8 of POCSO Act.

(3.) The victim is aged about 14 years and there allegedly was a love affair with the petitioner and as such both the parties visited different places, which was within the knowledge of the complainant who is the father of the victim. As per Charge Sheet it is evident victim was medically examined in which R.M.O. Dr. Mita Halder of Malda Medical College and Hospital, Malda opined 'there is no marks of injury detected in her private parts. Hymen ruptured. No Foreign body detected in her vagina.'