The High Court at Calcutta has set aside the conviction and sentence of a man found guilty of rape (Section 376 IPC) and cheating (Section 415 IPC) by a trial court. The High Court, allowing the appeal, held that the prosecution failed to establish the charge of rape, concluding that the relationship between the appellant and the complainant was consensual, not coercive.

Justice Prasenjit Biswas observed that the complainant was a major, “more than 20 years old,” at the time of the incident, and her subsequent conduct, including a “prolonged physical association” admitted to in cross-examination, negated the theory of forcible sexual intercourse. The Court also noted the complete lack of medical evidence and the prosecution’s failure to examine key witnesses as “serious” gaps in its case

See Full Page