Xxx (Mother Of The Victim Girl) v. The State Of West Bengal And ORS.
D/L 14 11.03.2025 Kausik ct.no.35 W.P.A. 4538 of 2025 XXX (Mother of the Victim Girl)
Versus
The State of West Bengal & Ors.
Mr. Satadru Lahiri Mr. Syed Wasim Faruque Mr. Jyotirmoy Talukder ...for the petitioner.
Ms. Jhuma Chakraborty Mr. Suddhadev Adak ...for the state.
Petitioner is aggrieved by the fact that in spite of informing the police authorities in respect of the sexual harassment inflicted upon her daughter, the police authorities are not effectively investigating the case which has encouraged the accused.
Petitioner claims that the child as well as the other family members are being threatened as the private respondents are threatening and abusing them in filthy and derogatory languages.
State has submitted a report. Report reflects that police authorities have recorded the statements of the witnesses as also the statement of the minor girl/victim girl which has been recorded under section 183 of the BNSS, 2023.
The investigation commenced on 05.02.2025 and is still continuing. Police authorities will put in efforts to take the investigation of the case to its logical conclusion. However, since the petitioner being the mother of the victim girl has expressed her anxiety in respect of insecurity which is because of the threat of the accused respondents it is directed that the police authorities would ensure that appropriate provisions of the POCSO Act and Rules are implemented to instill confidence amongst the witnesses who are the family members and the victim in the instant case.
Petitioner will also be at liberty to approach the learned Special Court. Learned Special Court will call for a threat perception report and would pass necessary directions under the Witness Protection Scheme, 2018.
With the aforesaid observations WPA 4538 of 2025 is disposed of.
Report so submitted be kept with the record.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)