Calcutta High Court (Appellete Side)
Pallabi Chatterjee & Anr vs The State Of West Bengal & Ors on 4 July, 2022
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
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 2 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 3 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." 4
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.)