The main legal point established in the judgment is the requirement for active understanding and reasoned deliberation for consent, the distinction between a false promise given in bad faith and a breach of promise made in good faith, and the need to establish the accused's intention at the time of making the promise to marry and its immediate relevance to the woman's decision to engage in the sexual act.

JUDGMENT :

Tirthankar Ghosh, J.

The present revisional application has been preferred by the petitioner challenging the proceeding being G.R. Case No. 693 of 2020 arising out of Berhampore Women Police Station Case no. 17/2020 dated 29.02.2020 under Sections 417/376 of the Indian Penal Code wherein charge-sheet was submitted under the same Sections. The case/proceeding is pending before the learned Chief Judicial Magistrate, Murshidabad.

2. The background of the present case is that on the basis of a letter of complaint filed by one “X” with the O/C, Berhampore Women Police Station, against the present accused/petitioner namely, Debarshi Chakraborty the instant case was registered for investigation under Section 417/376 of the Indian Penal Code. The allegations made by the complainant “X” were to the effect that the accused/petitioner for a period of one year promised the complainant for marriage and had physical relationship with the complainant at their flat and also at different places. According to the complainant the relationship had the consent of both the families and after discussion amongst the families marriage was settled. The accused by way of promise to marry and apparently showing affection, had physical relationship with her, however, on or about 31st December, 2019 the accused snapped ties with her and informed her that his mother was not consenting for the marriage. It has been further claimed that the complainant’s parents tried to convince the accused to understand, however, the accused refused to marry and as such the complainant became physically and mentally ill and was compelled to take steps for initiation of a case.

3. The investigating agency in connection with Berhampore Women Police Station Case no. 17/2020 dated 29.02.2020 submitted charge-sheet being Charge-sheet no. 81/2021 dated 30.06.2021 under Sections 417/376 of the Indian Penal Code before the learned Chief Judicial Magistrate, Murshidabad. In the charge-sheet the investigating agency relied upon 6 witnesses which included “X” (victim girl/complainant); “Y” (father of the complainant); “Z” (mother of the complainant); Dr. A Saha, Medical Officer of Murshidabad Medical College & Hospital and two lady officers being LSI Purabi Ghosh and LSI Soma Bal being the two Investigating Officers of the case. The investigating officer in the charge-sheet/report submitted under Section 173 of the Code of Criminal Procedure, narrated the brief facts of the case as was alleged in the complaint being promise to marry, having sexual intercourse and denial of marriage.

4. As the charge-sheet was submitted in connection with the instant case this Court felt that perusal of the Case Diary was required, accordingly the learned Advocate appearing on behalf of the State as per earlier direction produced the Case Diary. So apart from the letter of complainant and the statement of the witnesses which were relied upon by the prosecution to submit the charge-sheet, the statement of the victim lady/ “X” under Section 164 Cr.P.C. was also taken into consideration. The victim lady narrated series of events before the learned Judicial Magistrate being the Principal Magistrate, Juvenile Justice Board, Murshidabad. In the said statement the victim lady stated that she was 33 years old and through Facebook met with the accused namely, Debarshi Chakraborty in the year 2016 and started having communication with him over phone for some time. In the meantime she was married and after marriage she came to know that her husband was impotent and a divorce case was filed in the year 2017. In the year 2017 the accused Debarshi Chakraborty started sending her messages and thereafter communications started between them. She further stated that the accused was five years younger to her and as such her parents had their objections to marry him. When the accused promised her that he would either marry her or commit suicide, she thereafter met her parents and talked about her marriage and with c