Calcutta High Court Upholds Life Sentence Of Men For Raping 14-Yr-Old In Train's Army Compartment After Forcing Her To Drink Liquor

The Calcutta High Court has upheld the conviction and sentences awarded to three men for the rape of a minor girl on a moving train, holding that the prosecution had proved the charges beyond a reasonable doubt through consistent victim testimony, medical evidence, and corroborating circumstances.

A Division Bench of Justice Debangsu Basak and Justice Md. Shabbar Rashidi dismissed three criminal appeals filed by the convicts challenging the judgment of the Special POCSO Court, Howrah.

The trial court had convicted appellants Balak Ram Yadav and Pankaj Kumar under Section 6 of the Protection of Children from Sexual Offences Act, 2012 and sentenced them to life imprisonment with a fine of ₹1 lakh each, while appellant Manjrish alias Monjrish Tripathi was convicted under Sections 6/17 of the Act and sentenced to 10 years' rigorous imprisonment with a fine of ₹50,000.

According to the prosecution, the victim, a Class IX student aged around 14–15 years, boarded the Howrah–Amritsar Express from Howrah while travelling to meet a friend in Punjab after a dispute with her parents. She mistakenly entered a compartment reserved for military personnel where the three accused were present.

The victim alleged that the men forced her to drink alcohol, after which she became semi-conscious. Two of the accused then pushed her into the train's washroom and repeatedly sexually assaulted her. She was later found in an unconscious state when the train reached Madhupur railway station, where railway police rescued her.

One of the accused was apprehended from the same compartment, while the other two were later arrested after their photographs were circulated to security agencies.

The Court noted that the victim's account remained consistent throughout the proceedings and was corroborated by medical evidence and surrounding circumstances. The Bench observed:

“The narration of incident given by PW-1 seems to be consistent with that described in her statement recorded under Section 164 of the Cr.P.C.”

The medical board that examined the victim detected signs of rape, presence of seminal fluid in the vaginal cavity, and marks of violence, while pathological tests confirmed the presence of spermatozoa in the vaginal swab.

The Court also relied on the fact that the victim identified the accused during a Test Identification Parade, which was conducted in accordance with law.

Rejecting the defence arguments that the trial court had improperly appreciated the evidence, the Bench held that the chain of circumstances and the testimony of the victim clearly established the guilt of the accused.

The Court concluded: “In the light of the discussions made hereinbefore, we find no reason to interfere with the impugned judgment of conviction and order of sentence. We affirm the same.”

Accordingly, the High Court dismissed the appeals and confirmed the conviction and sentences imposed by the Special POCSO Court.

Case: Pankaj Kumar Vs. The State of West Bengal & Anr. 

Case No: CRA (DB) 156 of 2023

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