Crl. Rev. P. Nos. 80/2012 and 01/2013. Case: Paramita Majumder (Datta) and Ors. Vs Biswanath Datta and Ors.. Tripura High Court
| Case Number | Crl. Rev. P. Nos. 80/2012 and 01/2013 |
| Counsel | For Appellant: A.C. Bhowmik, Sr. Advocate and D.C. Roy, Advocate and For Respondents: A. Ghosh, P.P., S. Chakraborty and P. Saha, Advocates |
| Judges | T. Vaiphei, C.J. |
| Issue | Code of Criminal Procedure, 1973 (CrPC) - Sections 200, 227, 239, 244, 245, 245(1), 354; Indian Penal Code 1860, (IPC) - Sections 377, 498A |
| Judgement Date | January 04, 2017 |
| Court | Tripura High Court |
Judgment:
T. Vaiphei, C.J., (At Agartala)
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Aggrieved by the order dated 7-9-2012 of the learned Sub-Divisional Judicial Magistrate, Belonia, South Tripura in C.R. No. 38 of 2011 discharging the respondent No. 2 and 3 of the offences punishable U/s. 498-A/354/377 IPC, the petitioner is filing this revision petition.
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The case of the petitioner, in brief, is that the petitioner is the wife of the respondent No. 1, the respondent No. 2 and 3 are the younger brother and father of the respondent No. 1 respectively and that the father of the petitioner gifted many articles as per the demands of the respondents. The respondent No. 1 is serving as Field Assistant in the Office of the Deputy Director, Economics and Statistics, Karbi Anglong district and occasionally returned home by staying 10/12 days. A male child was born to them on 5-1-2006. A few days after the birth of their child, the respondent No. 1 demanded a motor cycle and started to put pressure on her in the former form of physical and mental torture, which was increasing day by day by demanding additionally a plot of land. When her father refused to do so, all the respondents insisted donation of the land to the respondent No. 1 as she had no brother. According to the petitioner, the respondent No. 1 also indulged in sexually inappropriate activity by forcibly putting his male organ into her mouth and discharged his semen and forced her to swallow it. At the instigation of the respondent No. 1, the respondent No. 2 assaulted her and also tried to commit rape on her on several occasions. According to the petitioner, the respondent No. 2 on 28-6-2011 entered into her room to fulfill his lustful desire, jumped upon her and attempted to fulfill his lust, but she managed to save herself after she informed him that she would disclose his lustful attempt to other persons whereupon he left her. On 7-7-2011, when the respondent No. 1 returned home, she apprised him of the incident, but he told her that unless his demands were met, she would continue to be tortured; on that night itself, he beat her severely. She then and there informed her father through mobile as to how she was beaten up by her husband, but her ordeals continued as the respondents kept on giving her mental and physical torture. She was, therefore, constrained to file the complaint petition before the Sub-Divisional Judicial Magistrate, Belonia, who, after taking the statement of the petitioner U/s. 200, Cr.P.C., took cognizance of the offences punishable U/s. 498-A/377 IPC and issued process against the three respondents. The petitioner examined herself as PW-1 and examined two other witnesses, but no cross-examination was done by the respondents, who had already appeared...
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