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AJAY KUMAR GUPTA
Susmita Pandit – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
Ajay Kumar Gupta, J.
1. Petitioner/accused has filed this criminal revisional application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973 seeking quashing of the proceeding in connection with Netaji Nagar Police Station Case No. 312 of 2018 dated 15th September, 2018 under Sections 354A/506/34 of the Indian Penal Code, 1860 corresponding to ACGR No. 4463/2018 pending before the Court of the learned Additional Chief Judicial Magistrate at Alipore, South 24 Parganas.
2. The factual matrix, leading to filing of this instant revisional application, is as under:
2a. On 15th September, 2018 opposite party no. 2 had lodged a written complaint before the Officer-in-Charge of Netaji Nagar Police Station against four accused persons including the petitioner herein alleging therein that Samir Pandit and the petitioner herein tried to torture the mother of the de-facto complainant. The accused Samir Pandit came to her house and entered into the room of the de-facto complainant while she was changing her dress and at that time the said accused person tried to molest her with ill motive. However, the de-facto complainant succeeded to rescue herself. As a r
The court found that where evidence is insufficient and there are contradictions in victim testimony, doubts benefit the accused, leading to the quashing of conviction under non-compoundable offences....
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
In cases of alleged offenses under Section 354 IPC, the prosecution must establish the charge beyond reasonable doubt, and testimonies of victims carry significant weight, with delays in lodging FIR ....
The court upheld the conviction under minor offences despite failure to substantiate major charges, emphasizing mens rea in determining the conviction under Section 354 IPC.
Section 354A of the IPC does not apply to women, and specific allegations are required to sustain charges under Section 498A, emphasizing the need for detailed accusations rather than general claims.
Conviction under IPC can rely solely on the victim's testimony if credible, but all sentences must adhere to minimum statutory requirements.
The absence of prima facie evidence in criminal allegations justifies quashing proceedings to prevent abuse of the judicial process.
The court established that charges of sexual harassment require substantial evidence, and inconsistencies in victim statements can undermine the prosecution's case.
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