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2022 Supreme(Cal) 815

IN THE HIGH COURT OF CALCUTTA
Prakash Shrivastava, Rajarshi Bharadwaj, JJ.
Pallabi Chatterjee And Others - Appellant
Versus
The State Of West Bengal And Others - Respondent
WPA(P) 168 of 2022
Decided On : 19-04-2022

Advocates appeared:
Ms. Susmita Saha Dutta, Advocate, for the Appellant; Mr. S.N. Mookherjee, ld AG, Mr. Amitesh Banerjee, Sr. Advocate, Ms. Ipsita Banerjee, Advocate, for the Respondent.

The court has the authority to direct investigation and provide protection to victims and witnesses in cases of alleged improper investigations and lack of protection.

Headnote:

Investigation - Rape Cases - Court directs investigation and protection for victims and witnesses

Fact of the Case:

The petition seeks direction for investigation of multiple rape incidents by an independent agency due to alleged improper investigations and lack of protection for victims and witnesses.

Finding of the Court:

The court directed the Advocate General to produce the report on the progress and status of the investigation and case diaries for the five rape cases. It also ordered the competent authority to provide full protection to the victims and witnesses.

Issues: Alleged improper investigations and lack of protection for victims and witnesses in multiple rape cases.

Ratio Decidendi: The court's decision was influenced by the nature of the disclosed incidents and the allegations made, leading to the direction for investigation and protection.

Final Decision: The court listed the case for the next hearing and directed the competent authority to extend full protection to the victims and witnesses.

ORDER

1. This petition has been filed with a prayer, inter alia to direct investigation of following incidents of rape by an independent agency:

(1) Moynaguri incident: It is alleged that a 14-year-old minor girl was attempted to be raped by a man on 28.02.2022 and thereafter on 14.04.2022 two unknown persons had threatened her to withdraw the police complaint as a result of which she had set herself ablaze, but she was rescued and admitted in the hospital.

(2) Netra Incident: In this incident of Netra village a minor girl of Netra village in the district of South 24 Parganas was allegedly sexually assaulted by a 45-year-old man. The victim is a student of Class VI and on multiple occasions she was raped.

(3) Namkhana incident: In the Namkhana rape case it is alleged that on 08.04.2022 a 40-year-old woman was gang-raped by five men in village Namkhana. Thereafter, the accused persons had poured kerosene inside the private parts of the victim and tried to burn her alive.

(4) Shantiniketan incident: In the Shantiniketan rape case it is alleged that on 14.04.2022 an adibasi minor girl was forcibly picked up from a village near Shantiniketan and was raped by 3/4 persons by the bank of a nearby river.

(5) Pingla incident: In the Pingla rape case it is alleged that on 11.04.2022 a physically handicapped lady was abducted and raped. The accused is stated to be an influential person and a leader of a political party.

2. Learned counsel for petitioners has submitted that the investigations are not being done properly in these cases and the victims and the witnesses have not been extended protection, therefore intervention of this Court is required.

3. Learned Advocate General has submitted on instruction in respect of the first incident, the arrest of accused was made and thereafter bail was granted by the court and application for cancellation of bail has been filed which is likely to come up today. In respect of the second incident, he has submitted that the accused is a neighbour and the medical examination has been done and the investigation is also being carried out properly. In respect of the third incident, he has submitted that it is a case where the accused persons are relatives of the victim and two arrests have been made. MLC has been done and the statements of the victim and the witness have been recorded under Section 164 Cr.P.C. In respect of the fifth incident, he has submitted that the arrest has been made and the statement has been recorded under Section 164 Cr.P.C.

4. Having regard to the nature of the incidents which have been disclosed and the allegations which have been made, we direct learned Advocate General to produce the report relating to the progress and status of the investigation and also the case diaries in the above five cases on the next date of hearing.

5. Meanwhile, the competent authority of the State is directed to extend full protection to the victims and witnesses in these incidents.

6. List on 22.04.2022.

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