Can’t acquit guilty for cop probe lapse: Cal HC upholds sentence
Times of India | 13 February 2025
12 Kolkata: Failure on the part of an inept police officer cannot come to the aid of an accused, Calcutta High Court observed while upholding the sentence awarded to a man convicted for the rape of a 10-year-old girl in 2012.
Two loopholes pointed out by advocate Zareen N Khan, who was appointed as amicus curiae, in the prosecution's case were that the wrapper used by the convict to tie the victim was not seized and that the victim was not medically examined to establish the offence of rape.
"It belies logic why the doctor before whom the victim was produced immediately after the incident refused to examine her. During his deposition, the IO was unable to answer why the victim was not sent to a higher centre for medical examination. The officer merely stated he was on probation and was unaware of how the investigation was to be undertaken," the HC noted on Monday.
The division bench of justices Joymalya Bagchi and Gaurang Kanth on Feb 10 held that it was the police's duty to take the victim to a higher centre for medical examination when the same was declined by the Basanti Block Primary Health Centre. "This was not done and a charge sheet was filed for a lesser offence, i.e., attempt to rape. The trial judge rightly glossed over this unfortunate remissness in the investigation and, relying on the convincing deposition of the victim, proceeded to convict the appellant for rape," the bench held.
The division bench stated that there was "clinching and unwavering evidence" that the victim was dragged into the house and raped by the convict. The arrested man approached the High Court challenging the conviction. In 2018, he was sentenced to 10 years of rigorous imprisonment, along with a fine.
The incident dates back to Aug 7, 2012. The 10-year-old child, studying in class IV, while going to school with her younger brother, a student of class I, was dragged by the convict to his house and raped. It was stated that the convict gave Rs 2 to the brother to buy a snack and, in his absence, took the victim to his place.