Calcutta HC Dismisses Outraging Modesty Case By BJP Party Worker Against Senior Leader

The Calcutta High Court recently dismissed proceedings against Bharatiya Janata Party (BJP) Joint General Secretary Shiv Prakash in relation to charges of rape and outraging modesty claims raised by a female party worker.

A single bench of Justice Shampa Dutt (Paul) stated that the allegations in the first information report (FIR) lodged by the party worker were mainly against Amalendu Chattopadhyay, who was the then State General Secretary (Organisation) of the party.

The bench further stated that there was no proof to back up the petitioner’s assertions.

“The entire case revolves around the relationship between Amalendu Chattopadhyay and the complainant and the position the petitioner holds in the party organization. The allegation of the complainant regarding criminal conspiracy by the petitioner and the other accused persons also has no evidence in support on record,” the order reads.

According to the FIR filed in 2018, the complainant joined the BJP in 2013. She claimed that Amalendu Chattopadhyay frequently assisted her in overcoming obstacles within the party.

She said that on one of Prakash’s visits to West Bengal, he invited himself to her house for supper and then made sexual approaches upon his arrival. Chattopadhyay assisted her in escaping the situation.

It was also said that Prakash summoned her to a hotel room via a senior leader. When she entered the room, she discovered him there, along with Bidyut Mukherjee. She claimed that both of them tried to rape her, but she was saved once again by Chattopadhyay.

During this time, Chattopadhyay, the main accused in this case, allegedly proclaimed his love for her and the two were physically intimate. The bond grew over time, and he even painted vermilion (sindoor) on her forehead and promised to marry her later. He allegedly then began having sexual encounters with her and compelled her to terminate three pregnancies.

As the relationship was revealed to the party officials, Chattopadhyay was expelled from the party.

The woman claimed Chattopadhyay used her to return to state politics, but then refused to marry her, prompting a FIR to be filed. Prakash was also named as an accused in this case, despite the fact that the claims were made against Chattopadhyay.

The first chargesheet was filed against Chattopadhyay for rape. An additional chargesheet was to be filed against Prakash for outraging a woman’s modesty under Section 354 of the Indian Penal Code (IPC).

Prakash on the other hand, refuted the charges, claiming that the case was filed as part of a political vendetta and to blackmail him.

According to the bench, the final test for determining whether a woman’s modesty has been violated is whether the act is considered as capable of startling a woman’s sense of decency.

“In the present case there is absolutely no such action on the part of the petitioner which could be perceived as one which is capable of shocking the sense of decency of a woman. Thus considering all these facts and the materials on record, it is evident that the ingredients required to constitute the offence alleged against the petitioner is prima facie not present,” the bench sated.

The bench also noted that there is no material or evidence on record other than the complainant’s statements, either expressed by her or as allegedly given to her by the principal accused, Amalendu Chattopadhyay.

“Even those statements do not constitute the components required to constitute the offence against the petitioner as set forth in the charge sheet,” the bench concluded.

As a result, the charges against Singh were dropped.