LAWS(CAL)-2024-5-3

RABI DAS Vs. STATE OF WEST BENGAL

Decided On May 06, 2024
Rabi Das Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) Rabi Das @ Rabindra Nath Das being an accused filed an application for discharge from the Criminal Case being S.C. 10(2) of 2016 arising out of Moyna Police Station Case No. 182 of 2015 dtd. 4/8/2015 under Ss. 376(2)(i)/506 of the Indian Penal Code and Sec. 4 of Protection of Children from Sexual Offences Act relating to M.P. Case No. 859/2015 giving rise to G.R. Case No. 2006/2015 pending before the Learned Additional Sessions Judge, 2 nd Court, Tamluk, Purba Medinipur on the ground that the DNA Report, collected from CFSL, has established that the present accused/petitioner is not the biological father of the child born to the victim. The allegation of rape is out and out false and he has been falsely entangled into this case.

(2.) The learned Additional Sessions Judge, after hearing the parties and considering the DNA Report as well as other surrounding circumstances of the allegation, came to a conclusion that he may not be a biological father of the child does not necessarily mean that he has not committed rape as alleged because to arrive at such decision, a mixed question of law and fact is required, which cannot be decided without adducing evidence from both sides and finally rejected his prayer for discharge on 16/1/2017 observing therein that at this stage it would be prejudiced the whole issue if the accused is discharged only on the basis of DNA Report since the allegation of the victim is that the accused has committed rape forcibly on several occasions on different dates.

(3.) Being aggrieved by and dissatisfied with the said rejection order dtd. 16/1/2017, the present petitioner/accused filed this revisional application seeking for setting aside the impugned order dtd. 16/1/2017 as well as quashing of the aforesaid proceeding pending before the Learned Additional Sessions Judge, 2nd Court, Tamluk, Purba Medinipur.