THOMSON Vs. CHANDRAKALA

JUDGEMENT

(1.) By consent of parties this revisional application is treated to be on day's list and taken up for hearing. For the purpose of proper adjudication of this revisional application we may take note of the facts on record as appearing from the bail application already filed on behalf of petitioner No. 1. Thomson. The said bail application contains inter alia the following allegations as appears from paragraphs 1 to 13 of the said application which are set out hereinafter. "1. That the opposite party No. 2 filed a petition of complaint under Sections 323/324/354/356/376/34 of the Indian Penal Code before the Learned Chief Judicial Magistrate at Port Blair against the petitioners along with others on 24-11-1992 with inter-alia the following allegations.

(2.) That on 13-11-1992 at about 10.30 p.m. one Babul Das alongwith the petitioner came to the house of the complaint and asked the complainant to follow them with the assurance that she will be married to Babul Das in the house of the petitioner. It has been further alleged that inspite of resistance by the inmates of the family of the complainant, the complainant follows them to the house of the petitioner by a scooter standing by. It has further been alleged that after reaching the house of the petitioner she was forcibly given a Sindoor on her forehead and she was assaulted by the petitioner while she protested. It has been further alleged that Babul Das forcibly married her and committed sexual assault on her. A document showing their marriage was also signed against her will. She, however, annexed the document alongwith the said petition of the complaint.

(3.) Though the aforesaid incident took place on 13-11-1992 the petition of the complaint filed on 11 days after the occurrence and no proper explanation regarding the said delay was made in the said petition of the complaint. The cognizance was taken by the learned Chief Judical Magistrate and summons and thereafter warrant was issued against the petitioner on his turn surrendered before the learned Chief Judicial Magistrate.