SHAMPA DUTT (PAUL)
Malabika Bhattacharjee – Appellant
Versus
State of West Bengal – Respondent
Key Points: - The court quashed Kasba Police Station Case Nos. 355 of 2020 and 323 of 2020 under Section 509 IPC, and stayed/disposed of related proceedings. [9000473200038] - The judgment discusses the essential ingredients of the offence under Section 509 IPC, including intent to insult modesty, words/sounds/gestures, and targeting the woman to be heard/seen. (!) (!) (!) - It distinguishes between merely insulting a woman and insulting the modesty of a woman, stating that insult to modesty is required for Section 509 IPC. [9000473200029][9000473200031] - The complainant struck out the words "outraging my modesty" from her complaint, which affects the essential ingredient of outraging modesty. [9000473200013] (!) - The court found that the alleged words and the context did not prima facie constitute the offence, leading to quashing. [9000473200035] - Observes that the First Information Report is the sheet anchor of prosecution; absence of material particulars may justify quashing. [9000473200015] - The court emphasizes future consideration for students/teaching environment in its disposal. [9000473200036]
JUDGMENT :
Shampa Dutt (Paul), J.
1. The present revision has been preferred praying for quashing of the First Information Report being Kasba Police Station Case No. 355 of 2020 and 323 of 2020 dated September 09, 2020 and September 19, 2020 respectively under Section 509 of the Indian Penal Code, 1860 corresponding to ACGR No. 3994 of 2020 and ACGR No. 4073 of 2020 pending before the Court of the Learned Additional Chief Judicial Magistrate at Alipore, South 24 Parganas.
2. The petitioner’s case is that she is presently the Head of the Department of Zoology, Vivekananda College, Thakurpukur, situated at 269, Diamond Harbour Road, Kolkata-700063 and since 2006 has been discharging her duties as the Assistant Professor, Department of Zoology.
3. The allegations brought about by way of a written complaint lodged by the Opposite party No. 2 are inter alia to the effect that she joined the said College in the capacity of a Lecturer in 2005 in the Zoology Department of which the Petitioner is presently the Head. The Opposite Party No. 2 has claimed to have acted in the capacity of the Head of the Department, Zoology in the said college till 2015. The Opposite Party No. 2 that is Dr. Senjuti
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.