The Calcutta High Court has refused to quash the criminal proceedings initiated against the petitioners for offences under Sections 376, 448, 493 of the Indian Penal Code, 1860 and Sections 4, 8 of the Protection of Children from Sexual Offences Act, 2012 (POCSO).

The Bench of Justice Shampa Dutt (Paul) said that “The fact of them being married to other persons does not lessen the offence alleged, considering the prima facie materials on record.”

“Thus from the materials on record including the medical report, age of the victim and the statements on record as discussed there appears to be a prima facie case against the petitioner of committing a cognizable offence and quashing the proceedings at the stage would amount to an abuse of the process of law/court.” the Bench further said.

Advocate Musharaf Alam appeared for the petitioner and Advocate Sujata Das appeared for the State.

The victim, who was 14 years old, had a ‘love affair’ with the accused. When the parents of the victim were away for work, the accused forcibly entered and raped the victim. The accused applied vermilion (sindoor) and said that they were now married. When the victim raised alarm, the accused fled the spot.

A complaint was registered under Sections 448/493/376 of the Indian Penal Code read with Section 4/8 of the POCSO Act.

The Court perused the material available on record and said that there was sufficient material for the case to proceed towards trial and accordingly, the Criminal Revision was dismissed.

Cause Title- Bhuban Basak v. The State of West Bengal & Ors.

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Calcutta High CourtJustice Shampa Dutt (Paul)POCSO Act

Sanjoli N Srivastava