Calcutta High Court reduces the prison sentence of a man accused of raping a 11-year-old girl as penetration was not established
The Calcutta High Court reduced the prison sentence of a man accused of raping a 11-year-old girl as penetration was not established.
Background
The prosecution case is that on the night when family members of the victim girl aged around 11 years had gone to attend ‘Namsankritan’, the appellant came into the house and embraced her. Thereafter, he committed rape on her. Hearing shouts of the victim, local people came to the spot.
Arguments
Nobody appeared for the appellant, advocate Pawan Gupta, appearing as Amicus Curiae draws the attention to the evidence of the victim girl and contended that the victim girl had not spoken of penetration. Lack of penetration is corroborated by a medical officer who did not find any injury on the private parts of the victim. Hymen was also found intact. Hence, he prayed for acquittal.
Advocate Ms. Gaur, appearing for the State, contended that the evidence of the victim girl is corroborated by other witnesses including a neighbour. Lack of injury simplicitor cannot be ground to disbelieve the prosecution case. Hence, the appeal is liable to be dismissed.
Decision
The division bench of Justice Joymalya Bagchi and Justice Bivas Pattanayak noted that the version of the victim to the extent that on the night the appellant had entered her room and misbehaved with her is proved beyond doubt. Her deposition in this regard is corroborated not only by her relations but also an independent witness.
The court stated that it is settled law that penetration even of the slightest degree is necessary to establish the offence of rape. An analysis of the evidence on record shows no case of penetration has been deposed either by the victim or other witnesses.
The court said that although absence of injuries or non-rupture of hymen is not a sine qua non to prove the offence of rape, in the factual matrix of the case where the victim herself states that the appellant attempted to rape her absence of injuries in her private parts corroborate the conclusion that the case was one of attempt to commit rape.
The court further noted that the appellant has undergone more than 8 years of imprisonment.
Under such circumstances and in view of the alteration of his conviction as aforesaid, the court modified the sentence imposed on him and directed that the appellant be sentenced to suffer imprisonment for the period already undergone and to pay a fine of Rs.10,000/- in default, to suffer rigorous imprisonment for six month more.
Case title: Dipak Singha v/s State of West Bengal
Citation: C.R.A. 822 of 2013
