High Court upholds conviction in minor’s rape 23 years back

Soumyadip Mullick, MP, 5 Mar 2025, Kolkata: The Calcutta High Court has upheld the conviction in a 23-year-old case where a mentally-challenged minor girl was raped when she went to the home of the accused to pluck flowers. 

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the appellant who challenged the judgement and order of the trial court which sentenced him to suffer rigorous imprisonment for life for committing rape (Section 376 IPC). 

On December 25, 2002, the 15-year-old victim went to the house of the appellant to pluck flowers for worship. The appellant allegedly caught hold of her, took her to his room and raped her. Victim’s mother was informed by two prosecution witnesses, one of whom was an eyewitness. 

The victim deposed she was gagged and raped and appellant threatened her not to disclose the incident to anyone. The mother said her daughter returned weeping. She initially didn’t disclose anything but started vomiting. 

She was taken to hospital. The gynaecologist, who examined her, deposed that she was admitted with a history of pain in private parts and that she was a psychiatric patient. The doctor, however, could not detect any injury on her private parts. He was unable to opine whether the victim had been sexually assaulted. 

Defence argued if the girl was raped for four hours there would have been injury marks. The court said: “Not only was the victim a minor but she was mentally challenged. 

She also had difficulty in speech which was evident during her deposition. Due to such shortcomings, it is natural the victim could not raise hue and cry although she was subjected to sexual intercourse for a considerable time.” 

The court observed: “In the medical papers it was noted appellant had raped the victim. Victim is a minor girl with special needs. She was unable to resist the sexual attack on her. As a result, she did not suffer injuries.” 

The court upheld the conviction but modified the sentence and directed the appellant shall suffer imprisonment for the period already undergone. 

 https://www.millenniumpost.in/bengal/mamata-slated-to-travel-to-london-on-march-21-601305