Promise To Marry After Initial Sexual Assault Cannot Shield Accused: Calcutta High Court Upholds Rape Conviction
The Calcutta High Court has upheld the conviction of a man for rape, holding that a subsequent promise to marry after an initial act of forcible sexual assault cannot absolve the accused of criminal liability. The Court observed that while the parties later entered into a physical relationship on the accused's repeated assurances of marriage, the initial act was without the victim's consent...
The Calcutta High Court has upheld the conviction of a man for rape, holding that a subsequent promise to marry after an initial act of forcible sexual assault cannot absolve the accused of criminal liability. The Court observed that while the parties later entered into a physical relationship on the accused's repeated assurances of marriage, the initial act was without the victim's consent and the subsequent false promises only prolonged her exploitation.
Dismissing the appeal against conviction under Section 376 of the Indian Penal Code, Justice Chaitali Chatterjee (Das) held that defects in the investigation—including the non-examination of the investigating officer who filed the charge-sheet, absence of the victim's statement under Section 164 CrPC, and failure to collect crucial medical records—could not outweigh the credible testimony of the prosecutrix.
"It would be travesty of justice if the offence like rape is ignored only on the ground of faulty investigation," the Court observed.
The Court also directed the Member Secretary of the State Legal Services Authority to ensure that the victim receives compensation under the victim compensation scheme, observing that she should not be denied the benefit merely because the offence had occurred before Section 357A CrPC came into force.
According to the prosecution, the appellant, a friend of the victim's elder brother, forcibly raped her in March 1998 when she was alone at home. Thereafter, he repeatedly assured her that he would marry her, on the basis of which they continued to have sexual relations. She eventually became pregnant and delivered a male child. Although he continued to promise marriage throughout her pregnancy, he ultimately refused to marry her or acknowledge paternity, following which she lodged the complaint.
Affirming the trial court's conviction, the High Court held that the victim's testimony remained consistent throughout cross-examination and inspired confidence. It observed that the appellant exploited the victim's youth and vulnerability after gaining access to her home as a friend of her elder brother, and that the subsequent promise of marriage could not erase the criminality of the initial sexual assault.
Case: ANIL KUMAR GUPTA v THE STATE OF WEST BENGAL
Case No: CRA 305 of 2004.