PRADIP DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This criminal appeal impeaches the judgement passed by learned Additional Sessions Judge, 1st Court, Hooghly Sadar on 30/7/2019 in S.T. No. 17 (11)/ 2011 S.C. No. 02/2011.

(2.) Briefly stated, Smt. Bandana Chakraborty on 29/9/2009 informed the Officer-in-charge of Balagarh Police Station, Hooghly that her daughter Mistu Chakraborty @ Punkai aged about 16 years one month fell in love with Pradip Das, a co-villager. Pradip Das used to take her daughter to different places defying the parents of Mistu Chakraborty. Her daughter told her that Pradip Das would marry her and she indulged in sexual relationship with said Pradip Das on that consideration. On 28/9/2009 at about 8.00 p.m. her daughter left the house in order to watch the immersion procession of Goddess Durga. At about 10.00 p.m. the informant came to know from the neighbours that her daughter was sniveling in front of the Saw Mill of Mani Debnath. She along with her husband and her brother-in-law Abhijit Mukherjee rushed there and found Mistu who was blubbering. Mistu disclosed that Pradip took her by his motorcycle for a ride. His friends Bhombal Biswas and Sukhen Debnath accompanied them. Sukhen and Bhombol outraged the modesty of Mistu while Pradip remained as spectator. Pradip also stated that he would marry her. On 29/9/2009 at about 8.00 a.m. Mistu Chakraborty @ Punkai, scared of being scandalized, set herself on fire and was fighting for her life in Chinsurah Sadar Hospital.

(3.) The information since disclosed offence cognizable in nature Balagarh P.S. Case No. 121 of 2009 was registered under Sec. 493/376(f)/354/417/109 of the Indian Penal Code. Police took up investigation which culminated into submission of charge sheet against the accused persons.