Minor Girls Feel Shy In Public While Disclosing Incidents Of Sexual Assault To Avoid Social Stigma: Calcutta HC

The Calcutta High Court emphasised that women, in our society, are often reluctant to report incidents of sexual assaults due to the fear of social stigma. The Court noted that the presumption under Sections 29 and 30 of the POCSO Act was satisfied as the Prosecutor had proved foundational facts against the Appellant and that no inconsistency or contradiction was noted in the testimony of the Victim.

The Bench comprising Justice Debangsu Basak and Justice Md. Shabbar Rashidi observed, “At the same time, we do agree with the views of the learned trial court that in our society, a lady especially a minor girl would feel shy in publicly disclosing a sexual assault upon her in order to avoid a future social stigma...However, in the case at hand, the prosecution sufficiently established the prolonged love affair between the appellant and the victim, who was a minor which provided the opportunity to the appellant to commit the offence which was duly corroborated by medical evidence. As such, considering the evidence on record it cannot be said that foundational facts were not proved to attract the presumptions under Section 29 of the POCSO Act”.

Senior Advocate Sekhar Basu appeared for the Appellant and Additional Public Prosecutor Neguive Ahamed appeared for the Respondent.

An Appeal was filed challenging the impugned judgement and conviction order passed by the Special Court under the Prevention of Children from Sexual Offences Act, 2012 (POCSO Act). The Appellant was convicted for the offence punishable under Section 376 (2) (n) of the Indian Penal Code (IPC), 1860 and Section 6 of the POCSO Act. A complaint was filed stating that the Appellant collected the mobile number of the victim about a year ago and proposed to her. She did not agree at first, but later on, she agreed to such a proposal. The victim stated that one day she was called by the appellant to his shop and was taken to an empty room above his shoe store and was forcefully raped. The appellant, thereafter, went on with repeated physical relations with the victim on the promise to marry her. She later came to know that the appellant had gone to his native place and married some other girl. Thereafter she disclosed the incidents to her parents and lodged a complaint against the Appellant.

Additionally, the Court asserted that there could be a number of reasons why the hymen of a woman is ruptured and hence this is not a conclusive proof of rape. But since the Prosecutor was able to establish foundation facts, the presumption under Sections 29 and 30 of the POCSO Act is applicable. Therefore, the Court held that there is no reason to interfere with the impugned judgement and order.

“It is trite law that there may be numerous reasons for rupture of hymen of a lady and it does not conclusively proves rape. But at the time same, the prosecution has been able to establish the foundational facts of the appellant being in love relationship with the victim which occasioned him being in a position to commit sexual assault upon the victim cannot be ignored”, the Court asserted.

Accordingly, the Court dismissed the Appeal and affirmed the impugned judgement and order.

Cause Title: ​​Raja Ruidas v The State of West Bengal

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