<p>The Appellant, a former judicial officer, sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC, alleging a consensual relationship with the Complainant -- The High Court dismissed his revision petition Hpowever Supreme Court terminate the proceedings- Appeal allowed
Criminal Law- Code of criminal Procedure, 1973- Sections 227, 482 and 402-- Indian Penal Code, 1860-- Sections 376, 417 and 506-- Complaint u/s 376, 417 and 506 of IPC-- Rape-- Appellant/accused was serving as judicial officer-- Respondent no.2/complainant came into contact with appellant during pendecy of litigation arising out of a marital discord with her ex-husband-- Assurance to marry with the complainant as alleged by complainant-- Allegations of physical relation developed between appellant and complainant under the pretext of marriage-- Divorce of complainant finalished with her ex-husband-- Appellant alleged to have started avoiding complainant-- Complaint of rape filed-- Anticipatory bail granted to the appellant-- Cognizance taken by court of Ld. Magistrate-- Aggrieved-- Challenged by appellant-- Dismissal of plea of discharge-- Revision-- Dismissal by high court-- Aggrieved- Challenged to the dismissal order-- Awarness on the part of complainant before developing relationship with appellant-- Financial help received by the complainant from appellant-- No case of 'misconception of fact'-- No case of "Rape on the false pretext to marry"-- Case of Pramod Suryabhan Sonar (Supra) referred-- No possibility to develop physical relationship with the appellant only on account of marriage-- Consensual relationship- No evidence of fraudulent intention-- Inconsistencies in the statement of complainant u/s 164 of CRPC-- Proceedings terminated-- Impugned order set aside-- Appeal Allowed
Para-- 14, 15, 16, 17, 18, 19, 20
The Supreme Court dismissed the appeal, upholding the High Court's refusal to discharge the Appellant -- Directed the Appellant to face trial as a prima facie case exists under Sections 376(2)(f), 417, and 506 IPC
Citation: 2025 LawText (SC) (4) 17
Case Number: CRIMINAL APPEAL NO. OF 2025 Arising out of SLP (Crl.) No. 4261 of 2024
Date of Decision: 2025-04-07
Case Title: Whether the allegations against the Appellant constitute offences under Sections 376(2)(f), 417, and 506 IPC, and whether the case is fit for discharge under Section 227 CrPC
Before Judge: [B. V. NAGARATHNA J. , SATISH CHANDRA SHARMA J.]
Equivalent Citations: 2025 INSC 458, 2025 AIR(SC) 1925, 2025 (3) RLW 2513, 2025 (2) ALD(Cri) 241, 2025 (270) AIC 36, 2025 (5) SCR 425, 2025 (2) CHN 70, 2025 (3) Crimes 116, 2025 (2) CalLT 27
Advocate(s): Not specified
Appellant: BISWAJYOTI CHATTERJEE
Respondent: STATE OF WEST BENGAL & ANR.
Nature of Litigation: Criminal appeal against High Court order refusing discharge in a sexual offence case
Remedy Sought: Appellant sought discharge from charges under Sections 376(2)(f), 417, and 506 IPC
Filing Reason: Appellant aggrieved by High Court's dismissal of revision petition against refusal of discharge
Previous Decisions: High Court dismissed revision petition CRR No. 639/2024 on 23.02.2024 -- Sessions Court dismissed discharge application on 04.01.2024 -- High Court earlier dismissed CRR No. 1550/2020 on 21.11.2022
Issues: Whether allegations constitute offences under Sections 376(2)(f), 417, and 506 IPC Whether the case is fit for discharge under Section 227 CrPC
Submissions/Arguments: Appellant argued relationship was consensual and false promise to marry is unenforceable -- Complainant was aware of Appellant's marital status State argued Appellant exploited Complainant under false pretext of marriage using his position -- Material evidence and witness statements support prima facie case
Ratio Decidendi: At the discharge stage under Section 227 CrPC, the court must only examine if a prima facie case exists, not conduct a mini-trial or assess proof beyond reasonable doubt -- Material evidence and witness testimonies can establish prima facie case for charges based on false promise to marry and exploitation, even if relationship appears consensual
Judgment Excerpts: Held that the question for consideration is whether allegations constitute offences under Sections 376(2)(f), 417, and 506 IPC, and whether discharge under Section 227 CrPC is warranted Held that a bare perusal of the FIR and statements indicates need for prima facie examination without delving into trial details
Procedural History: FIR registered on 14.12.2015 -- Appellant granted anticipatory bail on 13.01.2016 -- Chargesheet filed on 30.04.2020 -- Cognizance taken on 01.05.2020 -- High Court dismissed CRR No. 1550/2020 on 21.11.2022 -- Sessions Court dismissed discharge application on 04.01.2024 -- High Court dismissed CRR No. 639/2024 on 23.02.2024 -- Supreme Court appeal dismissed on 21.09.2024
