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Biswajyoti Chatterjee vs. State of West Bengal & Anr. (SC)

52.00 5.20

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Penal Code, 1860–Secs. 376/417/506 [Corresponding Secs. 64/318(2)/351(2),(3) of BNS, 2023]–Allegation that the appellant Judicial Officer established the physical relations on the pretext to marry with the complainant during the pendency of litigation arising out of a marital discord with her ex-husband –Acceptability–Complainant was well aware about the personal and professional background of appellant and she received financial help from the appellant for herself and her son–She must have carefully weighed her decision before entering into a relationship with the appellant–From the day one, she was having the knowledge that the appellant was in a subsisting marriage, though separated–It is improbable that the complainant and respondent had engaged in a physical relationship only on account of an assurance of marriage–Further, there is nothing on record to establish inducement or enticement–Furthermore, a bare allegation that the appellant had threatened the complainant or her son cannot pass the muster of any offence u/s. 506–Proceedings are liable to be terminated.