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BIBEK CHAUDHURI
Prabir Bhuian alias Prabir Bhuinyan – Appellant
Versus
State of West Bengal – Respondent


Counsel for the Parties:
For the Appellant:Mr. Abhijit Basu, Mr. J.N. Pal and Mr. Arghya Kamal Das, Advocates
For the Respondent:Mr. Sukanta Chakraborty, Mr. Zuber Ahmed and Mr. Anindya Halder, Advocates
For the State:Mr. Ranabir Roy Chowdhury and Mr. Mirza Firoj Ahmed Begg, Advocates

JUDGMENT

Bibek Chaudhuri, J.—Sexual perversity is not only a personal disease, but also a social menace. The act itself is not merely a solitary harrowing experience of the victim. The trauma and the ensuing stigmatization pervades every aspect of her social life. The effect of trauma and insecurity in the mind of the victim are more pervading when she is sexually harassed and assaulted by her stepfather.

2. The defacto complainant lost her first husband in an accident. While she was staying with her two children, the elder one, a girl child and younger one is a boy, she had an acquaintance with one Prabir Bhuia, the appellant herein. In course of time the appellant and the defacto complainant developed a love relations his and she married to the appellant for the second time. After marriage she started staying with the appellant with her children from her first marriage.

3. Sometimes during Durga Puja days in 2014 her daughter told her that during midnight when everybody was sleeping the appellant touched several sensitive parts of her body inappropriately. Hearing this a hot altercation ensued between the defacto complainant and the appellant and during such altercation she w

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