AI Structured Summary
Not yet generated for this judgment
Judgment
Heard Mr. S. Sarkar, learned counsel appearing for the petitioner as well as Mr. Ratan Datta, learned PP appearing for the State-respondent.
On the basis of a complaint filed by the complainant, Smt. Anjana Debbarma, the present case was registered by the Officer-in-Charge of Salema PS bearing case No. 11 of 2020 under Sections 364/376(d)/453/307/ 376(2)(f)/506/34 of the IPC.
The allegation is that the accused-petitioner alongwith two others had abducted the complainant to a nearby jungle and tried to assault and kill her but, as she raised alarm, the accused-petitioner alongwith others had fled away. The further allegation is that on 02.07.2020, the accused-petitioner had entered into her room, undress her, tied her and committed rape upon her.
Mr. Ratan Datta, learned PP has produced the case diary.
I have perused the case diary particularly, I have given my thoughtful consideration to the medical examination of the victim-complainant done by the medical officer on the date of lodging the complaint itself i.e. on 07.07.2020 before the learned SDJM, Kamalpur, as it reveals from the seal of the court.
After the victim-complainant was medically examined, the doctor opined that-
"Final opinion: From the medical examination it appears that the victim examined by me does not show any sign of recent vaginal penetration".
The complainant is a married lady aged about 39 years and she lodged the complaint on the allegation that she was beaten by the accused-petitioner on 01.07.2020 and was also raped by the accused-petitioner on 02.07.2020.
I reiterate that the present accused-petitioner is the full blooded brother of the complainant.
In my opinion, the entire allegation brought by the complainant against the petitioner prima facie appears to be doubtful. Hence, I am inclined to release the petitioner on anticipatory bail.
Accordingly, in the event of arrest, the accused-petitioner, namely, Sri Akhiray Debbarma, may be released on bail on executing a bond of Rs. 50,000/- with one surety of the like amount to the satisfaction of the arresting authority.
It is made clear that the accused-petitioner shall appear before the investigating officer on 09.10.2020 positively when the investigating officer shall interrogate him to unearth the truth. It is further directed that the accused-petitioner shall co-operate with the process of investigation in all respect.
With the above observation and direction, the instant application stands allowed and thus disposed of.
Return the case diary.