Staff Reporter
Guwahati: The Court of the Special Judicial Magistrate was satisfied that evidence has emerged during the trial disclosing prima facie involvement of the then Additional Superintendent of Police, Barpeta, Rosy Kalita, in the case under consideration and that the matter warrants proceeding under Section 319 CrPC. So, the court directed the prosecution to place the matter before the competent authority to obtain the requisite sanction for the prosecution of Rosy Kalita in accordance with the specific section of the law.
The Court of the Special Judicial Magistrate issued the direction while hearing a case (G R Case/0004293/2013) involving wrongful confinement, extortion of money from individuals brought to the police station and sending individuals to judicial custody when money was not paid, as stated by the accused and several witnesses against Rosy Kalita. Kalita is presently posted as SSP (CM’s Special Vigilance Cell).
After examining the witnesses during trial, the court observed, “The aforesaid evidence, at this stage of trial, cannot be said to be vague, omnibus or wholly inferential in nature. Rather, there are direct allegations emerging during the trial indicating possible involvement of the said public servant in the alleged offences forming the subject matter of the present case. This Court is therefore satisfied that sufficient evidence has surfaced during trial warranting consideration of exercise of power under Section 319 CrPC against the then Additional Superintendent of Police, Barpeta, Rosy Kalita.”
The Special Judicial Magistrate further stated that although she was not originally implicated in the case, the witness who conducted the enquiry pursuant to the complaint before the Assam Human Rights Commission has specifically deposed that during the enquiry he found allegations involving the then Additional SP, Rosy Kalita, to be truthful and has further stated that she, along with certain intermediaries or touts, was involved in wrongful confinement, extortion of money from persons brought to the police station and sending persons to judicial custody when money was not paid.
The court noted that the power under Section 319 CrPC is an extraordinary and discretionary power which is to be exercised sparingly and only where strong and cogent evidence emerges during trial indicating involvement of a person, not being an accused before the court, in the commission of the offence.
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