CT.1 SUVENDU/AB C.R.M(DB) No. 39 of 2022 · Calcutta High Court
Case at a glance
Provisions considered
- Code of Criminal Procedure, 1973 ss. 164, 439
- Indian Penal Code, 1860 s. 376D
- Protection of Children from Sexual Offences Act, 2012 ss. 6, 12
Judgment
Mr. Bikash Singha Mr. Ujjwal Luksom Mr. Sagnik Sankar Sikdar .. for the petitioner ..for the State Although learned counsel appearing for the petitioner submits that this is a case of sexual harassment under Section 12 of the POCSO Act and not a case of sexual assault under Section 6, the statement made by the victim girl recorded under Section 164 of the Code of Criminal Procedure indicates otherwise. The victim girl has stated that all three men had committed a sexual offence on her. Hence, we are not inclined to accept the submission made on behalf of the petitioner who was one of three men, the second person namely Mr. Ratan Roy already having been enlarged on bail by reason of being a juvenile. The application for bail is accordingly rejected. C.R.M(DB) 39/2022 is disposed of in terms of the above order. (Kesang Doma Bhutia, J.) (Moushumi Bhattacharya, J.) 2
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.