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Calcutta High Court. (image file: PTI)
The court noted that the alleged incident took place in the complainant’s courtyard in full view of the public, there were witnesses, there was also an allegation of tearing the blouse and pulling the saree from the complainant’s wife and other allegations
The Kolkata High Court on Wednesday rejected a review motion to set aside the criminal proceedings against the petitioners who have been charged under various sections of the Indian Penal Code, the Scheduled Castes and Tribes, and the Prevention of Atrocities Act 1989, for insulting the modesty of a woman from the SC community.
The Single Judge Panel Judge Shampa Dutt Paul noted that the alleged incident took place in the complainant’s courtyard in public view, there were witnesses (section 3(1)(x) SC & ST Act) and there was also an allegation of tearing the blouse and pulling the saree from the wife The complainant and other allegations. It is recognized that the dispute relates to the plot of land occupied by the Complainant (section 3 (1) (4) of the SC & ST Act).
While considering the nature of the dispute, the alleged payment by the petitioners to the House side, and the petition for settlement, the Court directed the Court of First Instance to refer the matter for mediation to the relevant local legal services authority before proceeding with the case.
Judge Paul was hearing a review application to set aside pending proceedings in connection with New City Police Station Case No. 376 of 2016 dated 15 July 2016, under Sections 323/427/354/509/379/120B of the Indian Penal Code and Section 3(1)(iii). )/3(x)/3(xi)/3(xv) of the Scheduled Caste and Scheduled Tribes Prevention of Atrocities Act 1989, pending before the First Additional District Judge and Sessions Judge in Barasat.
There was a property dispute between the petitioners and the other party and all cases were pending before the Civil Judge, High Circuit, First Court, Prasat. The complainant in the case belongs to a scheduled caste. She alleged that all the accused, after criminal conspiracy, came to the complainant’s home and started using dirty language towards her and other family members and also started showing gestures and postures to insult the woman’s modesty.
Furthermore, the accused forcibly pulled the complainant’s sari, tore her blouse, and insulted her and her family members using abusive language.
On the other hand, the petitioners maintained that they were innocent and had nothing to do with any crime, let alone the crimes alleged here. Moreover, they stated that they have no previous conviction records either.
They claimed that the contested allegations were intended only to harass, extort, and press for financial benefits with immoral intent and bad faith.
The petitioners also submitted that on 12th December 2015, they signed an agreement with the complainant’s husband to settle all outstanding claims between the parties for which the petitioners agreed to pay Rs 55,00,000.
The lawyer representing the petitioners said that the immediate action as initiated against them was baseless, frivolous, showed clear misuse of the provisions of the criminal law and did not reveal any crime committed by the petitioners. The lawyer prayed to set aside the proceedings.
The Prosecutor maintained that the matter was inherently serious and therefore the case should be allowed to proceed to trial.
The Court noted that there were several cases pending against the petitioners.
The High Commissioner added: “A prima facie case appears from the material registered against the petitioners and there is sufficient material on record, the case should be allowed to proceed to trial.”
Accordingly, the court denied the request for review.
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