Kolkata: An acquittal in a molestation case does not mean that the complainant lodged a false case, a Kolkata sessions court said in a July 2 order. The court dismissed a plea by a man who alleged that he was acquitted by a trial court in 2018, seven years after a Jorasanko woman levelled assault and molestation charges against him, and that the woman should now be prosecuted for filing a false case.
City Sessions Court Judge Anindya Banerjee held that the prosecution in this case failed to prove the charges against the man due to a lack of supporting witnesses. "It can be concluded that the prosecution failed to bring home the charge against the appellant with adequate evidence. However, it cannot be conclusively said that the allegations made by respondent number one (the woman) in the complaint, during her evidence, are entirely false," the judge held.
In this case, which dates back to 2011, it was alleged that a man pulled the woman's hand and dragged her towards the door when she resisted. During the act, her bangles broke, causing hurt. A complaint against the man was filed on Jan 14, 2011, with Jorasanko police station by the woman, alleging wrongful restraint and outraging of modesty. After seven years, on Oct 5, 2018, the man was acquitted. The man then filed a case against the woman, alleging she levelled false charges against him and that she should also be prosecuted. A lower court turned down the appeal. The man challenged this appeal in the sessions court. The sessions judge also turned down his appeal. The judge was of the opinion that the materials available were not sufficient for the court to form an opinion that an inquiry needed to be made into the alleged offence of giving false statements or evidence in legal proceedings.
Judge Banerjee held that it was unproven that the woman filed a false case. The judge said, "From the copy of judgment dated 05.10.2018, it appears that the prosecution failed to bring home the charge against the appellant due to lack of supporting witnesses although respondent No.1 (the woman) corroborated the fact as stated in the written complaint.
" The judge added, "From the copy of the police report filed in that case, it is clear that respondent No.1 stuck to her stand during the inquiry but none other than her could throw any light on the alleged incident.
"The judge reasoned that it was the prosecution which "failed to bring home the charge against the appellant (the man) with adequate evidence," and it cannot be "conclusively said that the allegations made by respondent No.1 in the complaint, during her evidence, are entirely false.