Removing Minor’s Pants After Her Refusal Amounts To Attempt To Commit Rape: Calcutta High Court

WHAT DID THE COURT SAY?

• In Rabi Saha @ Sarkar v. State of West Bengal, the Calcutta HC held that taking off a minor victim's pants when she herself refused to do so would amount to an attempt to commit the offence of rape. 
• A Single Judge Bench of Justice Ananya Bandyopadhyay noted that removing the undergarment of a minor and then forcing her to lie down on the ground clearly indicated the intention of the appellant to sexually ravish her.

WHAT IS THE CASE ABOUT?

• In this case, an appeal was filed against a trial court order convicting the accused appellant u/s 376 r/w Section 511 of IPC.
• As per the facts of this case, the accused bought an ice cream for the minor victim and lured her to come with him. Thereafter, the appellant tried to remove her clothes and forcibly laid her down on the ground.

OBSERVATION OF THE COURT AND DECISION: 

• The Ld. Court noted that the medical report revealed no evidence of external injury or violence on the body of the victim.
• The Court further noted that the statement of the victim u/s 164 Cr.P.C negates the possibility of penetration.
• Consequently, the Court upheld the sentence of the trial court and held that forcibly removing a minor’s clothes amounts to attempt to commit the offence of rape.

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