Calcutta, September 9, 2023 - A landmark judgment was handed down by the Jalpaiguri bench of the Calcutta High Court, underscoring the significance of consent in rape cases. The court upheld the conviction of an individual in a 2007 rape case while acquitting him of kidnapping charges.
Identified as the Hemanta Barman vs State of West Bengal case, it involved allegations of both kidnapping and rape. Hemanta Barman, the accused, contended that the victim had voluntarily left her parental residence to accompany him. However, the court categorically rejected this argument, emphasizing that even if such were the case, it did not justify the sexual assault.
Justice Siddhartha Roy Chowdhury, the presiding judge, asserted, "If we consider the initial statement of the complainant (victim's father) and hypothetically assume that the victim was neither abducted nor kidnapped, her choice to leave her home with the accused person does not grant him the right to violate her privacy or commit any form of sexual offense constituting rape."
Crucially, the court underscored the victim's contradictory account, further diminishing the credibility of the accused's claims. Relying solely on the victim's testimony, the court convicted the accused of rape, simultaneously acquitting him of the kidnapping charge. The bench stressed that when the victim's testimony is reliable and inspiring, it serves as substantial evidence for conviction.
"In this instance, the cross-examination of the victim did not yield any doubts regarding her credibility. Consequently, seeking corroborating evidence would be an unjust affront to the victim, compounding the suffering she has already endured," stated the court.
The origins of the case trace back to 2007, when the victim's father filed a complaint, alleging that Hemanta Barman, aged 26 at the time, had abducted his daughter, a seventh-grade student. Barman vehemently refuted these allegations, asserting that he and the victim had a consensual relationship. He further clarified that they worked together, and the victim's father remained unaware of their involvement due to his residence elsewhere.
Barman's legal counsel contended that the court should interpret the incident as "an adventure of two individuals in love."
Conversely, the victim testified before the trial court, affirming her refusal to accompany Barman and asserting that he had forcibly taken her. Significantly, her statement remained unchallenged during cross-examination.
The court accorded substantial weight to the victim's narrative, in which she recounted Barman's three-day confinement and rape. She disclosed that she had raised an alarm during the assault, prompting inquiries from Barman's relatives the subsequent day and ultimately leading to the revelation of the rape.
In its verdict, the High Court upheld the rape conviction while reducing Hemanta Barman's prison term from 7 years to 4 years. This reduction factored in the 2007 occurrence date and Barman's role as the sole breadwinner for his family.
Case Title: Hemanta Barman vs State of West Bengal
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