Forcing a minor to remove her underwear and sleep is also a rape-like offence: Calcutta HC

Forcing a minor to sleep by taking off his/her underwear is equivalent to rape. Recently, the Calcutta High Court gave such a decision. In this case, even though there was no physical rape with the minor, the court has considered it to be involved in the crime.

In the judgment of the Balurghat District and Sessions Court of South Dinajpur, a man named Ravi Roy was found guilty of a sexual offense against a minor. The High Court has upheld the decision of the lower court and has considered such act as a crime.

Allegedly on May 7, 2007, at around 6.30 pm, Ravi took the minor girl to a deserted place near her house by luring her with ice cream. After that he forced her to remove her undergarments. The minor did not agree to this.

According to the allegation, after this he himself opened it and forced her to lie down. While she screamed out of fear, the people around came to the spot. After beating, Ravi was handed over to the police. In that case, Ravi was sentenced to 5½ years in prison with 6 months rigorous imprisonment. Along with this, a fine of three thousand rupees was also imposed.

About fifteen years ago, challenging the lower court's decision, Ravi approached the High Court. Even though he confessed to the 'crime' of beating her, Ravi, in his petition to the High Court, claimed that he used to love the minor. He had no intention to rape the minor girl.

Justice Ananya Banerjee of the Single Bench of the High Court, after hearing the petition, gave the verdict on 3 February. No evidence of physical injury or sexual abuse was found in the medical examination of the minor. Despite the court's observation, Section 375 of the Indian Penal Code treats the offense of rape as sexual assault.