Calcutta High Court: “Even if a Girl Leaves House on Her Own Will, It Doesn’t Grant the Right to Rape Her”
In a significant ruling, the Calcutta High Court underscored that
“even if a girl leaves her house on her own will to go with a boy, it does not give him the right to rape her.”
The case’s origins date back to 2007 when the victim’s father lodged a complaint, alleging that Hemanta Barman, then 26 years old, had kidnapped his daughter, who was in class 7 at the time. Barman countered these allegations, asserting he was in a romantic relationship with the victim. He elaborated, stating he and the victim’s mother were employed under the same employer. He further claimed that the victim’s father, residing elsewhere, was oblivious to their “love relationship.” Barman firmly stated that the victim
“had left her house with him on her own”
and negated any kidnapping involvement. His counsel described the situation as
“an adventure of two persons in love.”
Contrasting Barman’s claims, the victim conveyed to the trial court that she had
“refused to accompany the accused”
and that he had forcibly taken her. The High Court emphasized that this statement from the victim was not subjected to cross-examination. Additionally, the court leaned on the victim’s testimony where she mentioned that Barman had kept her confined for three days and raped her. The victim further detailed that she
“raised a hue and cry”
during the assault. Following the incident, when Barman’s relatives inquired about her outcry the next day, she revealed she had been raped.
Taking these testimonies into account, the High Court upheld Barman’s rape conviction. However, given that the incident took place in 2007 and Barman being the primary provider for his family, the court decided to reduce his jail term from 7 years to 4 years.
