DIPAN BARMAN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. B. Gogoi, learned counsel for the petitioner. Also heard Mr. M.D. Khan, learned counsel for the informant respondent No. 2 and Mr. B.B. Gogoi, learned Addl. PP, Assam for the State.

(2.) The petitioner Sri Dipen Barman has filed this application u/s 482 of the Code of Criminal Procedure, 1973 (Cr.PC for short) seeking quashing of the order dtd. 6/2/2023 passed in PRC Case No. 82/2023, taking cognizance of offence u/s 448/509/406 of the Indian Penal Code (IPC for short), against the petitioner.

(3.) The FIR unfolds that the informant was posted as Superintendent of State Taxes, Office of the Assistant Commissioner of Taxes, Unit-B, Kar Bhawan, Ganeshguri, Guwahati-6 and she was residing alone in Flat No. C-105 Babylon Apartments at Jyotikuchi, Lokhra Road, Guwahati-34. The informant (also referred to as respondent No. 2), was closely acquainted with the petitioner since the time she was posted at Bongaigaon during 2013-16 and the petitioner used to visit her office frequently. Thereafter the petitioner used to call her and used to visit her ancestral home at Barpeta and a good friendship developed between the petitioner and the respondent No. 2's husband. When the respondent No. 2 was transferred to Guwahati, the petitioner used to visit her flat at Guwahati. On 4/12/2020 at around 4 PM, the petitioner found the respondent No. 2 alone at home and he forcefully committed rape on the respondent No. 2/victim/informant. Although the informant tried to resist, the petitioner overpowered her and committed rape on her and also caused physical injuries on her person. Due to the trauma, the informant stopped going out for several days. The petitioner also stopped visiting the informant for some time but on the pretext of returning her money which he had borrowed, the petitioner again visited the informant's flat at Guwahati and again committed rape on her. In this way the petitioner committed rape on her on several occasions. The petitioner used to visit the informant's house and take the informant as hostage and commit rape on her repeatedly. He also threatened her that if she would divulge about the instances of sexual assault, he would get her dismissed from service through his connections with the higher authority and he would send her husband to jail by foisting a money laundering case. As the informant was under such threats, she did not disclose about the incidents to her husband or to any other person. The petitioner committed rape on the victim on several occasions on 15/7/2021, 25/8/2021, 20/9/2021, 21/9/2021, 19/11/2021, 13/2/2022 and 24/3/2022 and on other dates. As the informant was harassed in such a manner, she consumed 250 Zapiz 5 tablets and she was hospitalised at Down Town Hospital in Guwahati for 3 days. After the incident and after medical counselling, the informant disclosed about the incident to her husband and other family members.