Woman wants to drop rape case, HC cuts bro-in-law’s life term to 12.5 yrs
Times of India | 16 April 2026
Kolkata: A rape survivor told the Calcutta High Court that she had "suffered enough" and did not want to pursue further charges against her brother-in-law, who had raped her in 2013 when she was 17. Respecting her wishes, the HC on April 9, while upholding the conviction, reduced the man's life sentence to 12 and a half years — the period he has already served in prison.
"The rape survivor and her mother have submitted that she is now married and well-settled in life. They do not, therefore, wish to press the complaint any further. This is not possible since the trial occurred and the appellant has been convicted and sentenced to life imprisonment," the division bench of Justice Rajasekhar Mantha and Justice Rai Chattopadhyay held.
It was also submitted that the absence of the convict has prejudiced his wife and children. The survivor, through her counsel, pleaded that "she has suffered enough".
Hence, the quantum of punishment was reconsidered. The convict has been imprisoned for 12.5 years, hence the life imprisonment was reduced to the years already spent imprisoned.
The incident dates back to Nov 2013, a few days after Diwali. The brother-in-law was visiting the survivor's home in Darjeeling. While her parents were away at work, the brother-in-law raped her. The sexual assault continued for some time and the survivor did not utter a word to her parents after being threatened by the brother-in-law that he would kill her if she said a word to anyone.
The offence came to light when it was found that the survivor was pregnant. She revealed the entire incident to her mother and a complaint was lodged before Matigara PS in Feb, 2014.
On March 31, 2015, the brother-in-law was convicted by a Darjeeling court, and sentenced to life. The convict's lawyer had disputed the survivor's age and questioned why she did not report the first assault by her brother-in-law.
The court, however, settled both issues, noting that the survivor and her mother consistently stated she was 17 at the time of the incident, a claim supported by medical evidence despite the absence of a birth certificate.