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IN THE HIGH COURT AT CALCUTTA
ANANYA BANDYOPADHYAY, J.
Md. Sahajan Molla @ Sajahan Molla – Appellant
Versus
The State of West Bengal – Respondent
C.R.A. 9 of 2008
Decided on : 22-05-2024
Rape - IPC - Section 376 - The court discussed the provisions of Section 376 of the IPC, emphasizing the distinction between consensual relationships and rape, and the necessity of proving lack of consent beyond reasonable doubt.
Fact of the Case:
The complainant alleged that the accused forcibly raped her after a series of proposals to marry her, leading to a complaint lodged two years later, after the accused refused to marry her.
Finding of the Court:
The court found significant contradictions in the victim's testimony and determined that the prosecution failed to prove the case beyond reasonable doubt, leading to the conclusion that the relationship was consensual.
Issues: Whether the accused committed rape under Section 376 of the IPC, considering the nature of the relationship between the complainant and the accused.
Ratio Decidendi: The court held that the evidence presented did not establish a lack of consent, and the relationship was characterized by mutual consent rather than coercion.
Result: The appeal is allowed, and the conviction under Section 376 IPC is overturned.
JUDGMENT :
Ananya Bandyopadhyay, J.
1. This appeal is preferred against the judgment and order dated 11th day of December, 2007 passed by the Learned Additional Sessions Judge, 11th Court, Alipore, South 24-Parganas in Sessions Trial No. 4(3)06 thereby convicting the accused-appellant under Section 376 of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 7 (seven) years and also to pay a fine of Rs.2,000/-and, in default, to suffer further rigorous imprisonment for 6 (six) months.
2. On 27th September, 1998 a written complaint was lodged at Baruipur Police Station by one Karima Khatoon, daughter of Md. Karim Molla of Village – 2 Ratanpur, Police Station – Baruipur, District – 24-Parganas (South), and the said case of the de facto complainant was to the following effect:
(ii) About two years ago suddenly one evening said Sajahan Molla asked the complainant to stand on the way when she was returning to her home after taking water from the tube-well and she replied in refusal.
(iii) Sajahan thereafter caught the complainant and stated to marry her. The complainant disagreed to the proposal and the accused caught her to a vacant place and she cried aloud.
(iv) After hearing hue and cry of the complainant, one Farida Bibi, wife of Nur Islam Gazi, came to the spot. Sajahan released her and requested Farida Bibi not to disclose the fact to anybody as he would marry her.
(v) When the accused repeatedly proposed to marry her in front of said Farida Bibi, the complainant thought that as the accused had damaged her modesty in the manner, it would not be possible on the part of her parents to marry her to anybody in future and accordingly she agreed to that proposal and returned home from the place of occurrence.
(vi) On the next day at about 1 p.m. Sajahan Molla came to the house of the complainant in presence of her parents and asked the complainant to provide water and when the complainant went to take water from the jar inside the home the accused Sajahan caught the complainant inside the home and forcibly laid down the complainant on the cot and thereafter he undressed the complainant and raped her against her will resulting in bleeding from her private parts.
(vii)At that moment, one neighbour Kazi Badiar Jaman came to the house of the complainant for meeting her father and saw the incident from the window and that thereafter Sajahan released the complainant and implored him not to state the fact to anybody as he would marry her.
(viii) Thereafter when the said neighbour went away from the house of the complainant the accused again raped her forcibly and after 1520 minutes when he released the complainant she became unconscious and that after some time when she regained her sense, Sajahan promised to marry her and requested her not to state the fact to anybody.
(ix) Thereafter on many occasions the said Sajahan contacted the complainant in the market, cinema hall and gave clothes and other articles and in the meantime the complainant became pregnant and Sajahan aborted the same by giving medicines and that thereafter at the time of intercourse, he used condom and contraceptive medicine.
(x) After two years said Sajahan informed the complainant that he would not marry her and after hearing the same, the complainant informed the fact to her parents and also to the other neighbours and as per their advice, she made general diaries being G.D.E. Nos. 1755 dated 26.07.1998, 435 dated 06.08.1998 and 1003 dated 16.09.1998 to the police station.
(xi) Thereafter the accused threatened the complainant to murder her if she informed the fact to the police and that in the circumstances the complainant prayed before the police to arrange her marriage with Sajahan according to law and she would be highly obliged and if he did not agree to marry her, sufficient punishment should be imposed on him
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