BISWAJYOTI CHATTERJEE versus STATE OF WEST BENGAL & ANR.

BISWAJYOTI CHATTERJEE versus STATE OF WEST BENGAL & ANR.

Having considered the factual matrix and the complainant's own knowledge that the appellant was in a subsisting marriage (though separated), the Court found the physical relationship to be consensual and held that the allegations, even taken at face value, do not prima facie establish offences under Sections 376(2)(f), 417 or 506 IPC; inconsistencies in the prosecution narrative further undercut the case, and therefore it was appropriate to terminate the proceedings at the stage of charge and set aside the High Court order refusing discharge.

Parties
Appellant: Biswajyoti Chatterjee; Respondents: State of West Bengal & Anr.
Jurisdiction
India
Judgment Date
06 April 2025
Procedural Posture
Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 23.02.2024 Refusing Discharge Under Section 227 Cr PC
Outcome
Appeal allowed; impugned High Court order set aside; proceedings terminated at stage of charge
Legal Topics
Marital Discord, Divorce, Consent, Subsisting Marriage, Assurance of Marriage, Discharge Under Section 227 Cr PC, Fraudulent Inducement, Criminal Intimidation
Penal Code, 1860 Code of Criminal Procedure, 1973 Criminal Law Sexual Offences Criminal Procedure Marital Discord Divorce Consent +5 more

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Parties

Biswajyoti Chatterjee

Appellant

State of West Bengal & Anr.

Respondents

Procedural Posture

Criminal Appeal / Appeal to Supreme Court Against High Court Order Dated 23.02.2024 Refusing Discharge Under Section 227 Cr PC

Legal Issues

  1. 1 Whether allegations constitute an offence under Sections 376(2)(f), 417 and 506 IPC
  2. 2 Whether the case against the appellant is fit for discharge under Section 227 CrPC
  3. 3 Whether consent of the complainant was vitiated by a false promise to marry

Ratio Decidendi

Having considered the factual matrix and the complainant's own knowledge that the appellant was in a subsisting marriage (though separated), the Court found the physical relationship to be consensual and held that the allegations, even taken at face value, do not prima facie establish offences under Sections 376(2)(f), 417 or 506 IPC; inconsistencies in the prosecution narrative further undercut the case, and therefore it was appropriate to terminate the proceedings at the stage of charge and set aside the High Court order refusing discharge.

Court Disposition

Appeal allowed; impugned High Court order set aside; proceedings terminated at stage of charge

Orders

  • Impugned Order of the High Court dated 23.02.2024 in CRR No. 639/2024 is set aside
  • Criminal Appeal No. 1842 of 2025 is allowed