“Non-Ruptured Hymen Doesn’t Rule Out Rape”, Says Calcutta High Court, Upholds Conviction Of 5 YO Girl’s Rapist

“Non-Ruptured Hymen Doesn’t Rule Out Rape”, Says Calcutta High Court, Upholds Conviction Of 5 YO Girl’s Rapist

A lot of things in this world are worth getting upset over. But what genuinely boils my blood is crimes against children. I cannot fathom someone having the heart to do something this cruel. And that is exactly how I felt when I read this case of a 5-year-old girl being raped by one of her neighbours. The Calcutta High Court recently maintained the man’s conviction for raping a 5-year-old girl, stating that the non-rupture of a little child’s hymen does not rule out a case of rape.

Taking the facts, circumstances of the case and evidence presented into consideration, the Bench of Justice Joymalya Bagchi and Justice Ananya Bandyopadhyay stated that a combined reading of the medico-legal evidence on record clearly highlights the injuries on the victim’s vulva as well as the inner portion of her thighs, implying rape. Rape requires only a small amount of penetration. The non-rupture of the hymen, as indicated by PW 11, is to be evaluated in light of the aforementioned legal argument. As a result, the non-rupture of a minor child’s hymen does not rule out rape.

The bench concluded that the medico-legal evidence on record supported the minor’s description of the rape and proved the prosecution’s case beyond a reasonable doubt. In light of this, the Court maintained the appellant’s conviction and punishment.

Also Read: Tamil Nadu Man Raped Minor Stepdaughter To “Make Her Fertile” To Donate Eggs

The present appeal was filed against the judgement of the concerned Sessions Court, which found the appellant guilty of an offence punishable under Section 376 (2) (f) of the Indian Penal Code and sentenced him to rigorous imprisonment for ten years and a fine of .20,000/-, with a six-month extension if he is unable to pay the fine.

Also Read: Development Of Minor Girl’s Breasts Immaterial, Sexual Intent Matters Says Calcutta HC While Upholding Conviction Under POCSO Act

According to Live Law, the prosecution said that the five-year-old female victim used to be in the village with her mother. On March 22, 2007, the appellant arrived at her house and provided chocolates to the child before taking off his lungi and forcing the victim to lie on the lungi spread on the floor and raping her. At the moment, the victim’s mother had gone out to get water from a nearby pump. When she returned, she discovered the appellant raping her daughter. She made a commotion, and the appellant left the scene.

No FIR was registered despite the fact that the crime was committed in March 2007. It was only after the victim’s mother lodged a complaint with the West Bengal Commission for Women that a complaint was received in June 2007 and the criminal investigation was initiated. During the trial, the prosecution called 16 witnesses and presented a variety of documents. Following the completion of the trial, the trial Judge convicted and punished the appellant, as stated in the impugned judgement and order.

At the outset, the Court considered the tragic narrative of harassment of the five-year-old kid and her family members, who had to go from pillar to post to set the criminal law in action against the appellant/convict. In this respect, the Court also rejected the appellant’s contention of a delay in filing the FIR, observing that the delay in filing the FIR had been adequately justified.

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Priyadarshini Malavia

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