Penetration, however little is offence under Section 377 IPC: HC denies dismissal of 'Forced Anal Sex' plea

 

In a notable ruling, expanding the ambit for what could be constituted as an offence under Section 377 IPC, the Calcutta High Court has observed that penetration, however little would amount to rape.

The single-judge bench of Justice Shampa Dutt, in this view, refused to quash a criminal case involving charges under Section 377 IPC and allegations of sexual torture of a medical student by his senior.

 

After taking into consideration, the contents of the medical report which sated that "No injury or evidence of complete anal intercourse could be detected”, the Court observed that even 'incomplete anal intercourse' would constitute penetration, and that the same could be an ingredient to constitute the offence under Section 377 of the IPC.

It was of the view that even incomplete anal intercourse done forcefully, prima facie is sufficient to prove 'penetration', however little it may be.

“Penetration, however little is an offence. In the present case the opinion in the medical report is “No injury or evidence of complete anal intercourse could be detected” (so penetration however little (incomplete) in this case)...No injury or evidence of 'Complete anal intercourse' could be detected “is to be proved in trial as even incomplete anal intercourse prima facie proves penetration however little and is thus an essential ingredient (evidence) to prove the commission of offence under Section 377 IPC in this case,” the order reads.

The accused-herein was charged for committing an offence under Section 377 IPC for taking advantage of his junior and forcing 'unnatural sexual intercourse' on her.

The judge, called the incident, a horrifying one which could lead to a mental breakdown and leave a person scarred for life, while commenting on its gravity.

"Filing a complaint of such nature on having to face the ordeal for two and half long hours by a student against a superior who is in a position of influence (here in a doctor) in a Medical College requires extreme courage and mental strength and in the interest of justice, the case should proceed towards trial so that the parties have the opportunity to access the protection of justice." he said.

 

The medical report stated that the victim's anal orifice was healthy and that there was no fresh or recent injury. It was also opined that no injury or evidence of complete anal intercourse could be detected.

The Court suggested that the medical examiner could be testified during the course of the trial to obtain clarity and inferences from the report to form a concrete opinion with other factors but prima facie the charges stands and complaint cannot be quashed relying on the same.

The judge also noted that there were several statements in the case diary which supported the allegations of the complainant and made out a prima facie case against the accused.

 The Court directed that the case be proceeded to trial stage which is pending since 2019 and that the petitioner-accused will have opportunity to present his side there

 

 

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(With input from news agency language)

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