[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench of Justice Shampa Dutt (Paul) observed "penetration, however little is an offence". It opined that the medical report says 'No injury or evidence of complete anal intercourse could be detected'— so penetration however little or incomplete is there in this case."Even incomplete anal intercourse 18 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 and accordingly the said evidence and materials in the case diary makes out a prima facie case of commission of the cognizable offences as alleged," the court observed.The bench however discharged the second accused, an intern with the professional who allegedly threatened the complainant, from charges under Section 377 IPC. It said, "The ingredients required to constitute the offence under Section 377 IPC is prima facie not present in respect of petitioner no. 2. But there is prima facie materials against him in respect of Section 506/120B IPC."As per the complaint, the RMO forcefully undressed the complainant at a doctor’s quarter on campus and forced the complainant to massage his private parts. He was also threatened not to disclose this fact to anybody both by the RMO and later by his intern.The Court further observed that in his statement, the victim stated that the accused forcefully undressed him and forced him to massage his private part. It said,"The important words here are “forcefully”, “forces” etc. The ordeal alleged took place for two and half hours...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."The court relied upon the judgement of Navtej Singh Johar v. Union of India which decriminalized same sex relations between consenting adults, provided they are completely voluntary in nature, and devoid of any duress or coercion.Accordingly, it held that the petitioners have to face trial for the offences as stated above.Case Title: Dr. Raunak Hajari & Anr. v. The State of West Bengal & Anr.Citation: 2023 LiveLaw (Cal) 50Coram: Justice Shampa Dutt (Paul) Click Here to Read/Download Judgment

[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

Udit Singh

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