The statement of the woman who was allegedly raped in a hostel at IIM Calcutta last week could not be recorded before the magistrate for the second consecutive day on Tuesday, after she failed to turn up.
The court had earlier fixed Monday for recording her statement before the magistrate. However, when she did not come, the procedure was postponed to Tuesday.
The Alipore court will now issue a fresh date, allowing her to record her statement before the magistrate, a prosecution lawyer said.
A statement recorded before the magistrate under Section 183 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) acts as primary evidence before the court during trial.
“Maybe the victim is unwell. The court will issue a fresh date,” said a prosecution lawyer.
Police probing the allegations of rape said on Tuesday that the woman’s phone was switched off and was “unavailable” at her residential address.
“We are trying to contact her. But she has become unreachable for the time being. We are keeping all options open. We hope to get her cooperation in the future for carrying out a deeper investigation,” said an officer of Kolkata Police attached to the probe.
Sources in the police said no law could force a victim to come to the court or cooperate with them.
“It is the will and wish of the victim if she wants to talk to the police at all, and we respect her decision,” said a senior police officer.
Paramanand Mahaveer Toppannawar, 26, also referred to as Paramanand Jain, a second-year student, was arrested early on Saturday on charges of inviting the 24-year-old woman to his room in the Lake View Hostel and spiking her drink before raping her on Friday.
The woman told the police that she had lost consciousness and, after waking up several hours later, found herself on the man’s bed. She stepped out of the building and went straight to the police.
Paramanand, who was arrested on Saturday, has been remanded to police custody till July 19.
On Monday, a medico-legal test of the accused was conducted.