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2023 Supreme(Cal) 1139

SHAMPA DUTT (PAUL)
Hrishikesh Sarkar – Appellant
Versus
State of West Bengal – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Achin Jana, Suman Chakraborty, Prosenjit Ghosh.
For the Respondent: Puspita Saha.

JUDGMENT :

SHAMPA DUTT (PAUL), J.

1. The present revision has been preferred against an order dated 15.02.2019 passed by the Learned Additional Sessions Judge, 2nd Court-cum-Special Judge under POCSO Act, Darjeeling, whereby additional charge under Section 6 of the POCSO Act, 2002 was framed against the present petitioner with the original charges framed on 30.10.2017 under Sections 493/376 of the Indian Penal Code in connection with the Spl. (C) No. 113 of 2015 arising out of Naxalbari P.S. Case No. 237/2013 dated 11.11.2013.

2. The petitioner’s case is that on the basis of a written complaint dated 11.11.2013 lodged by one Debasri Roy, Naxalbari Police Station Case No. 237/2013 under Sections 493/376 of the Indian Penal Code has been commenced against the petitioner, alleging inter-alia:

    “Since last one year, there was a love relationship between the de facto complainant and the petitioner and they had engaged in sexual intercourse on several occasions upon false promise of marriage by the petitioner. After that the de facto complainant conceived and intimated the same to the petitioner. But the petitioner told her not to disclose the aforesaid matter to anyone and threatened her. Af

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