The duty of the prosecution to establish that the case is not concocted, the duty of the court to consider delay in filing the FIR, and the importance of prompt registration of FIR for access to justice and upholding the rule of law.

JUDGMENT

Bibek Chaudhuri, J. - This is an appeal against conviction passed by the learned Additional Sessions Judge, Fast Track, Second Court, Malda in Sessions Trial No.13(01)/2017 arising out of Sessions Case No. 571 of 2016 convicting the appellant under Sections 448/354 of the Indian Penal Code and sentencing him to suffer imprisonment for two years with fine and default clause for the offence punishable under Section 354 of the Indian Penal Code and also sentencing him to pay fine of Rs.500/-, in default, to suffer simple imprisonment for one month for the offence punishable under Section 448 of the Indian Penal Code.

2. In the night of 11/12th June, 2015 when the de facto complainant was sleeping with her minor children, the appellant allegedly trespassed into her room and outraged her modesty touching different parts of her body. The de facto complainant woke up and tried to resist the appellant but the appellant gagged her mouth with the help of her wearing apparels. When the de facto complainant raised alarm, the accused assaulted her with fists and blow. In the meantime, some witnesses reached the place of occurrence but the accused managed to flee away.

3. It is alleged by the de facto complainant that she reported the matter to the police officer attached to Manikchak Police Station and then to the Superintendent of Police. But no step was taken by the police authority. This led her to file a written complaint before the Court of the learned Chief Judicial Magistrate, Malda on 7th July, 2015.

4. The learned Chief Judicial Magistrate, Malda sent the complaint to the Officer-in-charge of Manikchak Police Station directing him to treat the complaint as F.I.R. and start a specific case against the appellant. On the basis of such written complaint, police registered Bhutni P.S. Case No.65 of 2016 on 25th August, 2016 under Sections 448/376/511/323 of the Indian Penal Code. Investigation of the case culminated to filing charge sheet against the accused. Since the offence under Section 376/511 of the Indian Penal Code is triable exclusively by the Court of Sessions, the case was transferred to the Fast Track, Second Court of Additional Sessions Judge at Malda. The learned trial Judge framed charge against the accused under Sections 448/376/511/323 of the Indian Penal Code. When the charge so framed was read over and explained to the accused, he pleaded not guilty and accordingly, trial of the case commenced.

5. During trial, prosecution examined seven witnesses. Some documents viz., injury report, formal FIR, written complaint, endorsement made in the formal FIR, rough sketch map with index were marked as exhibit-1, exhibit-2, exhibit-4(a) respectively. On the basis of the evidence on record and considering the argument advanced by the learned advocates for the prosecution and the defence, the Court below convicted the accused and sentenced him accordingly. Hence, the instant appeal.

6. It is submitted at the outset by the learned advocate for the appellant that the instant case is a glaring example of non- compliance of the specific provisions of the Code of Criminal Procedure contained in Chapter 12 of the Code. In order to substantiate his contention, the learned advocate for the appellant refers to the written complaint which was filed by the de facto complainant/victim on 7th July, 2015 with a prayer to send the said written complaint to the Officer-in-charge of Manikchak P.S. directing him to treat the same as F.I.R. From the endorsement made by the Officer-in-charge of Bhutni P.S. it appears that the police registered Bhutni P.S. case No.65 of 2016 after a lapse of about one year and two months on 25th August, 2016. According to the learned advocate for the appellant the police authority is under obligation to register a police case immediately on receipt of the written complaint transmitted from the Court of the learned Chief Judicial Magistrate to the police station. From the endorsement made by the Chief Judicial Magi