Chargesheet Submitted 5 Yrs After Rape Allegations Were Withdrawn: Calcutta High Court Quashes Case Against Local Politician

The Calcutta High Court has recently quashed criminal case on charges of inter alia rape, against one Abhijit Das, who contested the Lok Sabha Elections in 2014 and 2020 for a political party from Diamond Harbour constituency.

In noting that the complainant herself had withdrawn the allegations of rape, and refused to undergo a medical examination, a single-bench of Justice Shampa (Dutt) Paul, held:

In view of the said materials on record, it is very unfortunate that in spite of the complainant withdrawing her allegations against the petitioner and also refusing medical examination as she reiterated that she was not raped, charge sheet has been submitted for allegations which were withdrawn five years ago. The de facto complainant filed a petition on 12.12.2013 on affidavit before the learned Additional Chief Judicial Magistrate at Alipore (where she stated that the petitioner was innocent and that the case against him had been registered mistakenly). In spite of such repeated statements by the defacto complainant before the police and the Court, the charge sheet was filed. In such facts and circumstances, it is clear that there was no materials on record against the petitioner to submit the charge sheet as filed (the de facto complainant herself not willing to proceed with the case). As the de facto complainant herself does not wish to press the charges, the case being permitted to proceed towards trial will be a futile exercise.

It was argued by the petitioner that he had been made an accused in case of rape by opposite party no 2 who in 2012 had claimed that the petitioner was in a relationship with her, and on the false pretext of marriage she was made to conceive and thereafter undergo an abortion.

It was submitted that after almost 6 years, whilst the complainant had withdrawn her complaint, the police had submitted the chargesheet in 2018, and that the petitioner was never summoned in course of the investigation.

It was argued that the aforesaid chargesheet had been filed with no evidence, or medical report of the opposite party, as would have been statutorily required for proof of rape under Section 173(2)(h) of the CrPC.

Petitioners argued that a subsequent withdrawal petition which had been filed by the opposite party before the jurisdictional magistrate in 2013, contending that the case against the petitioner had been lodged mistakenly and may be dropped, was not considered, and suppressed by the police whilst filing the impugned chargesheet.

Counsel for petitioner argued that such a belatedly filed chargesheet, after the case was withdrawn had caused unnecessary harassment and humiliation to the petitioner, and accordingly, the charges may be quashed.

Court noted that the opposite party no 2 could not be traced, and had left her earlier address long ago.

State highlighted a letter by the opposite party no 2, dated 2013, in which the complainant reiterated that she was not raped by the petitioner, and refused to undergo medical examination.

In noting the submissions of the parties, the Court perused the withdrawal petition filed by the opposite party no 2, and quashed the criminal cases against the petitioner upon noting that chargesheet had been filed in spite of repeated requests by the complainant for the case to be withdrawn and even in the absence of any medical evidence.

Coram: Justice Shampa (Dutt) Paul

Citation: 2023 LiveLaw (Cal) 262

Case: Abhijit Das Vs. State of West Bengal & Anr.

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