Kolkata, Oct. 25 -- The Calcutta High Court has refused to quash a criminal case against a police constable and his relatives over alleged deception and assault.
Justice Ajay Kumar Gupta held that the materials prima facie disclosed cognisable offences and testing the defence would amount to a "mini-trial".
The complainant alleged that Md. Rafikul Islam posed as "Rajib Sarkar", a Hindu bachelor, concealing his existing marriage. She said he married her in a temple at Digha in May 2021 and lived with her in Burdwan.
After discovering his identity, she alleged she was assaulted and confined. On July 9, 2021, she said, the constable and his relatives assaulted her after learning of her pregnancy. The court referred to an injury report suggesting injuries across her body. Pregnancy was not confirmed, and the investigating agency dropped the charge of causing miscarriage.
The court rejected the argument that a departmental inquiry, in which impersonation and assault allegations were not proved, required the criminal case to be quashed. It said departmental and criminal proceedings differ in purpose and standard of proof.
On "love jihad", the court said the claim was unsupported by materials. There was no allegation of an attempt to convert her to Islam. It observed that no central legislation defines or recognises "love jihad" and Bengal had no law against it in force. Whether consent was obtained by concealing identity, religion and marital status must be decided at trial.
The court said even if the charge under Section 498A was doubtful, this would not justify quashing the case because other alleged offences stood independently. It dismissed the plea, vacated any interim order and directed that a copy be sent to the trial court.
Published by HT Digital Content Services with permission from Millennium Post.