The Calcutta High Court reduced the prison sentence of a man accused of raping an 11-year-old girl, noting that penetration was not established in the case [Dipak Singha v. State of West Bengal].
A Bench of Justices Joymalya Bagchi and Bivas Pattanayak held that the case was one of attempt to commit rape.
The Amicus Curiae in the matter pointed out that the survivor had not mentioned any penetration as was corroborated by the medical officer witness, and thus prayed for the appellant's acquittal. Counsel for the State submitted that the evidence of the offence is corroborated by a neighbour-witness as well, adding that a lack of injury cannot be grounds to disbelieve the prosecution's case.
The High Court relied on the depositions and cross-examinations of the survivor and her father to note that the girl did not speak of penetration, but instead said that appellant had tried to rape her, but could not do so as she protested.
It, thus, converted the conviction of the appellant to one under Section 376(2) (f) read with Section 511 (offences punishable with imprisonment for life or other imprisonment along with the existing offence of the IPC).
The High Court added that any period of detention undergone during the stages of trial, enquiry and investigation shall be set off from the sentence.
