Calcutta High Court Stays Proceedings Against BJP's National General Secy Accused Of Sexually Assaulting A Party Worker

The Calcutta High Court on Monday stayed all further proceedings of a case registered against National Joint General Secretary Organization, BJP, Shiv Prakash who has been accused of sexually assaulting/outraging the modestly of a party worker.

The bench of Justice Kausik Chanda observed that the victim's act of giving multiple subsequent complaints inculpating various national and State leaders of the said political party with repeated allegations of rape, undermined her credibility to a great extent giving rise to a grave suspicion as to the truthfulness of the allegations.

With this, the bench stayed further proceedings in the case as against BJP Leader for a period of two months after the ensuing Puja Vacation.

The case in brief 

The Victim is a widow with a major son. She joined a political party in the year 2013 and often interacted with many BJP leaders Amalendu Chattopadhyay, Shiv prakash (Petitioner) and others.

As per the allegations levelled by her, the petitioner, who was the All India Joint Secretary (Organization) of BJP, on June 19, 2015, expressed her intention to develop an illicit relationship with her. The petitioner used to call her at hotels on different pretexts in the name of holding meetings, but no such meetings were held.

It was further alleged that in the month of June 2016, the victim was called to a hotel where only the petitioner and Bidyut Mukherjee (another leader of BJP) were present. She wanted to come out from the hotel room but Bidyut prevented her, and the petitioner along with Bidyut tried to rape her.

At that point of time, Amalendu reached there so no further harm was caused to her and he advised her not to say anything regarding the incident before the police. It is also her case that Amalendu made physical relationship with her on the false promise of marriage and to wipe out evidence got her aborted thrice.

Appearing for the petitioner, senior advocate Sidharth Luthra argued that there is an unexplained delay in registering the F.I.R. as the alleged incident took place in June 2016, whereas the F.I.R. was registered on August 31, 2018.

It was further argued that the victim had filed multiple complaints before multiple police stations and various authorities alleging rape on her by many leaders at different times. The falsity and absurdity of the allegations levelled against the petitioner are evident from the inconsistent conduct of the victim. She had been constantly changing her version of her complaints.

Court's observations

Perusing the records of the case, the Court, at the outset, called it quite alarming that while in one complaint, the Victim had made a simple one-line allegation of an attempt to commit rape against the petitioner and Bidyut, but, in the other complaint, on the same date she, in detail, brought the specific allegations of repeated gang rape on her against them.

"It is extremely difficult to comprehend how opposite party no.2 (victim) on the same date approached the police station with said two completely different versions of the alleged incident of June 2016, by writing two separate complaints in her own handwriting. The case diary also does not justify or indicate as to how the police chose one of the said two complaints to register the formal F.I.R."

The Court further noted that since the victim had lodged multiple subsequent complaints inculpating various national and State leaders of the said political party with repeated allegations of rape, therefore, such repeated allegations put forth by her had undermined her credibility.

The Court also emphasized that even the police could not gather any credible material to implicate the petitioner. Consequently, the Court ordered to stay all further proceedings of the criminal case for a limited period.

Case title - SHIB PRAKASH v. THE STATE OF WEST BENGAL AND ANOTHER

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