KHOKAN DAS Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) FIVE accused persons, namely Biswajit Das, Khokan Das, Nepal Das, Smt. Maya Das and one Anil Kumar Das faced trial before the learned Additional sessions Judge, Fast Track Court No. 1 at Barasat in S. T. No. 1 (8) of 2005 corresponding to Sessions Case No. 12 (7) of 2005 on certain allegations of facts which are as follows:-One Sujit Das, the principal accused who had remain absconded and could not be brought to trial with the aforesaid accused persons was a private tuitor to a minor girl. On 11th November, 2003 when the girl was on her way to school the accused Sujit Das had allegedly kidnapped the girl by enticement with the assistance of the other accused persons who faced the trial. The brother of the girl lodged a written complaint with Gopal Nagar Police Station on 15th January, 2003 and a case was registered against all the accused persons. Neither the girl, nor the principal accused Sujit could be traced out. Police submitted charge sheet against Sujit showing him as an absconder and as against the rest under Section 363/366/120b of the IPC. When the charge sheet was submitted the girl had remained untraced as yet and the defacto-complainant raised objection to the police report. Since the principal accused could not be apprehended the case was split and committed to the Court of Sessions, as a result of which the aforesaid five accused persons faced the trial on charges under Section 366/109/120 B of the IPC. Learned Trial Court upon recording of evidence of the witnesses recorded an order of acquittal of the said five accused persons of the said charges under Section 235 (1) Cr. P. C. The judgment and order of acquittal was passed on 16th of January, 2006.

(2.) AFTER closure of trial of the aforesaid five persons the victim girl could be recovered and the accused Sujit Das was also arrested. A statement of the victim under Section 164 Cr. P. C. was recorded on 29th of December and upon investigation the police submitted a supplementary charge sheet on 09-02-2008 against the accused Sujit Das, Khokan Das and one Deepa Das under Section 363/366/120b and 376 of the IPC.

(3.) THE present petitioner is Khokan Das who was earlier acquitted in the trial on 16th January, 2006 of the charges under Section 366/109/120b IPC and he has filed this application to challenge his proposed second prosecution on the self-same charges. It is contended in the petition that since once he has been acquitted of the charge upon trial he cannot be asked to face another trial again on the self-same allegation of facts contrary to the provision of Section 300 Cr. P. C. which provides that where a person has been tried and acquitted of an offence arising out of a certain set of facts and when such acquittal remains in force he cannot be tried again in respect of the same offence based on the same facts; and asking the petitioner to face trial again would amount to gross abuse of the process of the court. In view of the bar provided in Section 300 Cr. P. C. the present petitioner deserves to be discharged from the case and cognizance taken by the learned Magistrate against the present petitioner was bad in law.