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by Admin
07 May 2024 2:49 AM
In a notable judgment, the High Court of Calcutta has quashed a charge sheet against Bhabatosh Biswas, who was accused under Sections 417 and 376 of the Indian Penal Code for deceiving a married woman into sexual relations under false promises of marriage. Justice Ajay Kumar Gupta observed that the prosecutrix, being a married woman, was aware of her actions and their consequences, indicating a lack of sufficient evidence of deceit or misunderstanding regarding the nature of their relationship.
The revisional application, filed under Sections 401 and 482 of the Code of Criminal Procedure, contested the allegations that Biswas induced cohabitation under a false promise of marriage, subsequently leading to the charge sheet. The accusations suggested that Biswas, leveraging false marriage promises upon securing employment, engaged in sexual relations with the complainant.
On November 22, 2013, a complaint was lodged at Karimpur Police Station by the opposite party, alleging that Biswas, promising marriage post-employment, repeatedly engaged in sexual activities with her. The police subsequently investigated and filed a charge sheet on January 31, 2014. The key legal question revolved around whether these actions constituted the offenses punishable under Sections 417 (cheating) and 376 (rape) of the IPC.
Consensual Relationship: Analysis of case diaries and statements indicated the relationship was consensual and sustained over a period, lacking evidence of deceit related to marriage promises.
Awareness and Consent: The Court noted that the prosecutrix was aware of her matrimonial status and the implications it posed, which undermines the charges of deception.
Lack of Misconception: No evidence was found that the prosecutrix was under any misconception about the relationship's nature at any point.
Legal Precedents: The Court referenced similar judgments, including a recent Supreme Court decision, underscoring the prosecutrix's ability to understand and consent to the relationship, which she maintained over an extended period.
Based on these considerations, Justice Gupta held that the material on record did not substantiate the charges under Sections 417 and 376 IPC. Consequently, the FIR and charge sheet against Biswas were quashed, with all proceedings connected thereto also dismissed.
Date of Decision: April 30, 2024
Bhabatosh Biswas vs. The State of West Bengal and Another
