High Court backs conviction for attempt to rape minor with disability

Update: 2025-07-27 18:15 GMT

Kolkata: The Calcutta High Court has upheld the conviction of a man for attempting to rape a minor girl with “mild mental retardation”, ruling that her testimony—delivered partly through gestures—was reliable and corroborated by other evidence.

The accused was convicted on April 30, 2007. The trial court had sentenced the accused to five years of rigorous imprisonment under Section 376/511 (attempt to commit rape). He was also sentenced to one year of rigorous imprisonment each under Section 342 (wrongful confinement) and Section 506 (criminal intimidation).

The High Court bench of Justice Chaitali Chatterjee Das, was moved by the appellant (convict). The incident occurred on September 11, 2005, in Alipurduar. The minor, described in court as having mild mental retardation, had gone to the house of her neighbour, the accused, to watch television.

According to the prosecution, the accused took advantage of being alone with the child and attempted to commit rape on her. He allegedly removed her clothing, touched her inappropriately and restrained her. The girl managed to escape and later informed her mother. The first information report was filed on October 3, 2005, 23 days after the incident. The delay, the court noted, was due to the family initially seeking resolution through a local village mediation, or salish, which failed.

Witnesses, including the victim’s parents and a Gram Panchayat member, confirmed this. During the trial, the minor gave her testimony using gestures and limited speech. She described the events, including how the accused undressed himself and attempted physical contact, while gagging her with a cloth.

The High Court noted that although the act was not completed, the conduct clearly amounted to an attempt to commit rape under law.

A medical examination conducted on October 6 found no physical injuries, but the court held that this did not negate the offence, particularly since the examination occurred weeks after the incident.

The court upheld the conviction under Sections 376/511 and 506 of the IPC. It reduced the sentence for criminal intimidation from one year to three months, and set aside the conviction under Section 342, citing lack of evidence of confinement.

The appellant has been directed to surrender within six weeks to serve the remaining sentence.

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