Calcutta High Court (Appellete Side)
Pallabi Chatterjee & Anr vs The State Of West Bengal & Ors on 4 July, 2022
8&9
jks/
s. biswas
04.07.2022
WPA(P) 168 of 2022
Pallabi Chatterjee & Anr.
Vs.
The State of West Bengal & Ors.
With
WPA(P) 169 of 2022
Tiyasa Biswas
Vs.
The State of West Bengal & Ors.
Ms. Susmita Saha Dutta
Ms. Niladri Saha
Mr. Arunava Ganguly
... ... for the petitioners in WPA(P) 168 of 2022
Mr. Anirban Ray, GP
Mr. Md. T. M. Siddiqui
Mr. D. Ghosh
... ... for the respondent no.7 in WPA(P) 168 of 2022
Mr. Lokenath Chatterjee
Ms. Rini Bhattacharyya
Ms. Shimontini Bhadra
Mr. Sayan Ray Chowdhury
Ms. Moumita Ganguly
Ms. Megha Datta
... ... for the petitioner in WPA(P) 169 of 2022
Mr. S. N. Mookherjee, AG
Mr. Amitesh Banerjee, Sr. Adv.
Ms. Ipsita Banerjee
Mr. Tarak Karan
Mr. Nilotpal Chatterjee
... ... for the State
Mr. Anish Kumar Mukherjee
Mr. Amrit Sinha
... ... for the respondent no.2 in WPA(P) 169 of 2022
Mr. Billwadal Bhattacharyya
... ... for the CBI
Mr. Sumit Ray
... ... for the WBSEDCL
Mr. Dhiraj Trivedi
Ms. Sumita Sarkar
... ... for the Union of India
In Re: WPA 168 (P) of 2022
The matter relates to five incidents of rape which
took place at Moynaguri, Netra, Namkhana,
Shantiniketan and Pingla. So far as the Namkhana
incident is concerned another connected petition being
WPA (P) 169 of 2022 is pending, therefore, it will be dealt
with separately.
Learned Advocate General has pointed out that
investigation in all the other four cases is complete and
charge-sheet has been filed.
Learned counsel for the petitioners submits that
now there are only three surviving issues in these
matters. Firstly, relating to the expeditious trial,
secondly, relating to the right of the victim to have the
assistance of an advocate in terms of proviso to Section
24(8) of the Cr. P.C. and thirdly, about the right of the
victim to receive compensation.
In support of her first two submissions she has
placed reliance upon the Division Bench judgments of
this Court in the matter of Anindya Sundar Das versus
The State of West Bengal & Ors. passed in WP 16482 (W)
of 2013 dated 01.08.2013 wherein the Division Bench
had issued following directions:
"As per the amended provisions added by
amendment made under Section 24 (8) of the
Code of Criminal Procedure, the Court may
permit the victim to engage an advocate of his
choice to assist the prosecution. We direct the
trial Judge to permit the victims to engage an
advocate of their choice to assist the prosecution
as provided in the aforesaid provisions. It is open
to the victims not only to assist prosecution but
also to point out the deficiency, if any.
We noticed the provisions contained in
Section 309 of the Code of Criminal Procedure. It
provides that the enquiry or trial of the
proceeding shall be continued on day to day till
all the witnesses in attendance have been
examined. The proviso to Section 309 of the Code
of Criminal Procedure contains a wholesome
provision when enquiry or trial relates to an
offence under Sections
376/376A/376B/376C/376D of the Indian Penal
Code, that is, the enquiry or trial shall, as far as
possible, be completed within a period of two
months from the date of filing of the charge sheet.
The trial Judge should take into consideration the
aforesaid proviso to expedite the trial but at the
same time, ensure fair trial in the interest of all
the parties.
With respect to the tampering of evidence, if
any is observed to have taken place, the same
may be reported by the victims to the trial Judge
who shall ensure that no witness is threatened
and in case, there is any apprehension or threat
to any witness, to ask the State Government to
provide police protection so that the witnesses are
not threatened in any manner whatsoever."
Learned Advocate General does not dispute that
the similar directions can be issued in the present case
also.
Hence, we hold that the directions quoted above in
the case of Anindya Sundar Das (supra) will apply
mutatis mutandis in the present case also.
So far as another surviving issue of payment of
compensation, learned counsel for the petitioners is
permitted to implead the West Bengal State Legal
Services Authority as respondent and serve them and file
affidavit of service on the next date of hearing.
In Re: WPA 169 (P) of 2022
At the request of learned counsel for the petitioner
the case is adjourned.
List on 2nd August, 2022.
(Prakash Shrivastava, C.J.)
(Rajarshi Bharadwaj, J.)
