Voyeurism - Allegations in FIR and chargesheet must disclose that the victim was engaging in a 'private act'

Supreme Court Clears Tuhin Kumar Biswas of All Charges in West Bengal Property Dispute Supreme Court Reiterates the Need for Strong Suspicion Based on Material Evidence for Criminal Proceedings

In a significant judgment, the Supreme Court of India, in the case of Tuhin Kumar Biswas @ Bumba v. State of West Bengal, discharged the appellant, Tuhin Kumar Biswas, from criminal proceedings in a case involving allegations of voyeurism, criminal intimidation, and wrongful restraint. The bench, comprising Justices Nongmeikapam Kotiswar Singh and Manmohan, emphasized the necessity for a strong suspicion backed by material evidence to proceed with criminal trials.

The case stemmed from an FIR filed by Ms. Mamta Agarwal, who accused Tuhin Kumar Biswas of obstructing her entry into a property and taking unauthorized photographs and videos. The allegations were made under Sections 341, 354C, and 506 of the Indian Penal Code (IPC). However, upon a thorough review, the Supreme Court found that the FIR and subsequent chargesheet failed to substantiate the accusations with sufficient evidence.

The court noted that for voyeurism under Section 354C IPC, the act must involve capturing someone in a 'private act,' which was not established in this case. Similarly, the court found no evidence of criminal intimidation or wrongful restraint, as the complainant lacked the legal right to enter the property, being neither a tenant nor having any documented tenancy rights.

Justice Manmohan, delivering the judgment, highlighted the importance of the judiciary acting as a filter to ensure that only cases with a reasonable prospect of conviction proceed to trial. The court criticized the trend of filing chargesheets without adequate suspicion, which burdens the judicial system and detracts from more substantial cases.

The judgment also underscored the necessity for police and courts to consider pending civil disputes, especially where existing injunctions and property rights are involved, before proceeding with criminal charges. This approach is vital to maintaining judicial efficiency and upholding the rule of law.

In conclusion, the Supreme Court allowed the appeal, setting aside the previous orders of the lower courts, and discharged Tuhin Kumar Biswas from all charges, marking a significant reaffirmation of legal principles regarding discharge in criminal proceedings.

Bottom Line:

The Supreme Court reiterates that at the stage of discharge, a strong suspicion suffices to proceed with the trial. However, such suspicion must be founded on material evidence that can be translated into evidence at the trial stage.

Statutory provision(s): Sections 227, 341, 354C, 506 of the Indian Penal Code, 1973

Tuhin Kumar Biswas @ Bumba v. State of West Bengal, (SC) : Law Finder Doc Id # 2816490