Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MRS. RUMI KUMARI PHUKAN, J
SMT. BARASHA BORAH BORDOLOI – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Crl.Rev.P. 33/2016

Advocates:
For the Appellants/Petitioners: MR. J. I. Borbhuiya
For the Respondents: MR. A. M. Borah, MR. A. M. Mojumdar

The court upheld the authority of a Magistrate to reject a final report if it lacks merit, emphasizing that mutual consent precludes allegations of sexual assault.

Headnote:(A) Indian Penal Code - Sections 341, 354, 506, and 376 - Information Technology Act - Sections 66A and 67A - Criminal revision against acceptance of final report by the CJM, Kamrup. The court addressed serious allegations of sexual assault and blackmail against an IPS officer raised by the petitioner, a Deputy Superintendent of Excise, noting that after thorough investigation, the evidence revealed a consensual relationship rather than forced nature. Given the letters and messages exchanged between both parties, the court highlighted the contradiction between the FIR and the evidence, determining that the acceptance of the final investigation report was proper. (Paras 3, 20, 32, 39)

(B) Legal principles - The court reiterated that a Magistrate is not bound to accept the final report if it disagrees with the investigation’s conclusions. It emphasized the requirement of sufficient grounds for taking cognizance while addressing protest petitions under the Cr.P.C. (Paras 10, 24, 29)

Facts of the case:
The petitioner alleged she was sexually assaulted by the respondent, an IPS officer, but evidence showed consistent communication and attempts to restore a relationship over two years, calling into question her claims of force.

Findings of Court:
The trial court found no cogent evidence substantiating the allegations made against the respondent and accepted the final report dismissing the case due to lack of merit in the protest petition.

Issues: The court considered whether the trial court properly accepted the final report against the protest and whether the Magistrate had followed legal procedures in doing so.

Ratio Decidendi: The acceptance of the final report was justified, as the evidence indicated mutual consent and severe doubts cast upon the petitioner’s credibility. The court ruled that emotional distress does not equate to criminal liability in the context of consensual acts.

Result: Revision petition dismissed.

JUDGMENT

Date : 17-05-2018

Heard Mr. J. I. Borbhuiya, learned counsel for the petitioner and Mr. A. M. Borah, learned counsel for the respondent No. 2 and Mr. A. M. Mojumdar, learned Additional Public Prosecutor, Assam for the State respondent.

2. The present Criminal Revision has been preferred by the petitioner against the impugned order, 11.12.2015, passed by the learned Chief Judicial Magistrate, Kamrup (M) whereby the learned Court has accepted the final report submitted by the investigating Officer Sri Binod Kumar IPS, DIG of Police, at the conclusion of the investigation pertaining to the CID Case No. 95/2011.

3. Present petitioner, Smti. Barsa Borah Bordoloi, Deputy Superintendent of Excise Margherita Sub-Division, District- Tinsukia as complainant lodged a complaint on 19.5.2011, before the Director General of Police, which reads as follows-

“Sub: Complaint against Sri Diganta Borah, I.P.S. just transferred Superintendent of Police of Tinsukia District, Assam.

Sir, Most respectfully I have to inform you that I have been going through a very very traumatic phase and my life has been ruined by Sri Diganta Borah, I.P.S. the newly posted Superintendent of Police of Karimganj.

I know Sri Diganta Borah, I.P.S. since 2008 when he was the Additional Superintendent of Police (SQ) of Dibrugarh , Assam and I was the Inspector of Excise, Dibrugarh. Then in the year of 2009 both of us got transferred to Tinsukia on Promotion and became good friends.

On 27th March, 2009 Sri Diganta Borah invited me to the Tinsukia Police Guest House through SMS and calls from his then Mobile No. 9435558144 to have some discussion/talk and without any second thought I met him there. But after a few minutes he outraged my modesty forcefully. I was completely shocked and surprised and somehow managed to leave the premises.

Then on 10th of May, 2009 all of a sudden he visited my place with his PSO at night on his journey back home to Tinsukia from Dibrugarh where he attended the then Additional Deputy Commissioner of Dibrugarh Akashdeep’s Party at a local Hotel. I was alone at home and he forcefully established physical relation with me by way of over power & threat. After this incident, he kept visiting my place oat Dibrugarh every now and then and had physical relation with me by way of over power and I could not do anything out of fear. Sensing my sufferings, he very cleverly convince me that he did everything for love only and he emotionally started blackmailing me only to escape any legal action that I could have taken against him.

After few months my husband came to know about this and threatened to file a case and then Sri Diganta Borah changed his Mobile Number and stopped communication although I tried hard to contact him to sort out the matter. Finally he started communication only to threaten me of dire consequences. He treated me that he would shoot me & fabricate false case against me and my family members if I would take legal action against him.

I could not believe his words and requested him through SMS, E-Mails, Letters & Calls to end my sufferings but in vain. I was very scared and hesitant to take any legal steps immediately because (1) he was the Superintendent of Police of the District where I too am posted and working and hence I waited helplessly out of fear. But I approached the then Inspector General of Police of Eastern Range Dr. L. R. Bishnoi in this connection in September, 2010 and he is very much aware of it (2) I had to think about the prestige, security and reputation of my family (3) I was and still am very much confused as he used to blackmail me emotionally and otherwise to escape the probable legal consequences of the offence committed by him and he is still continuing to do so. The impact of the same I am suffering from severe mental worries and agonies.

Now the situation reached to such an extent that I am compelled to forward my complaint against Sri Diganta Borah to you for your kind consideration and necessary action agains

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MRS. RUMI KUMARI PHUKAN, JSMT. BARASHA BORAH BORDOLOI – AppellantVersusTHE STATE OF ASSAM AND ANR – RespondentCrl.Rev.P. 33/2016

The court upheld the authority of a Magistrate to reject a final report if it lacks merit, emphasizing that mutual consent precludes allegations of sexual assault.

MRS. RUMI KUMARI PHUKAN, J
SMT. BARASHA BORAH BORDOLOI – Appellant
Versus
THE STATE OF ASSAM AND ANR – Respondent
Crl.Rev.P. 33/2016