BIBEK CHAUDHURI
Shreekant Sharma – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
(Bibek Chaudhuri, J.) :
1. Both the criminal revisions filed by the two accused persons praying of quashing of FIR and subsequent investigation against them were heard analogously and this Court delivers the following composite judgment as hereunder.
2. The Petitioner, Shreekant Sharma is a senior citizen aged about 63 years and a priest by profession. His nephew, Narayan Sharma, (co-accused person) is also a priest. Narayan Sharma was married to one Jyoti Sharma, who is the opposite party in this case, in May 2001 and from the said wedlock, two sons named Nimish Sharma and Nikunj Sharma, and a daughter, the alleged victim were born. There is a history of criminal proceedings and pending litigation between the co-accused person and the Opposite Party and several First Information Reports and written complaints have been lodged by both the co-accused person and his wife against each other and there is a pendency of Matrimonial Suit No. 277/21 filed under section 13B of the Hindu Marriage Act before the Court of Learned Additional District Judge at Sealdah pursuant to Memorandum of Understanding dated 18.11.20 entered into by both the parties.
3. Between April to October 20
Satpal Singh vs State of Haryana reported in (2010) 8 SCC 714
Karnel Singh Vs. State of M.P.
State of Punjab Vs. Gurmeet Singh & Ors. AIR 1996 SC 1393
State of Andhra Pradesh Vs. M. Madhusudhan Rao (2008) 15 SCC 582
Satyapal Vs. State of Haryana AIR 2009 SC 2190
Himachal Pradesh Vs. Prem Singh reported in AIR 2009 SC 1010
Tulsidas Kanolkar v State of Goa (2003) 8 SCC 590
Sanapareddy Maheedhar and Another vs. State of Andhra Pradesh
The delay in filing the FIR in cases of sexual assault should not be equated with other cases, and technical grounds cannot be cited as a reason for quashing the investigation at the trial stage in a....
The power under Section 482 of Cr.P.C. can be exercised to prevent the abuse of process or secure the ends of justice. The Court can quash the F.I.R. if the allegations do not constitute an offence o....
Right to protection from sexual harassments is universally recognised basic human rights - Common minimum requirement of right has received global acceptance. This right has been embodied in Articles....
Delay in filing an FIR for sexual offences does not invalidate the complaint; jurisdiction of police upheld due to the continuing nature of the offence.
The consent of a minor is of no consequence for the purpose of sexual relationship, and the allegations of sexual assault are not affected by subsequent events such as marriage.
The court quashed the charge sheet due to lack of corroborative evidence and substantial credibility concerns surrounding the victim's testimony, questioning the validity of consent obtained under co....
Conviction in sexual assault cases can be based on the sole testimony of a victim if deemed trustworthy. Delay in lodging an FIR is not fatal provided the explanation is plausible. Where evidence lea....
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.