Justice Subrata Talukdar quashed the charges of rape and cheating against Pramanik who was accused by the woman in June 2012 of not marrying her despite promising to do so and having physical relationship.
Charges were framed against the athlete on the basis of the woman’s complaint under sections 376 (rape) and 418 (cheating) of IPC by the Barasat court sessions judge.
Challenging this, Pramanik had moved the high court in late 2013 and prayed for quashing of the charges against her. Her counsel Kaushik Gupta submitted before Justice Talukdar that medical examination conducted on her proved that she was a woman.
‘I am very relieved,’ said Pinki Pramanik who works with Indian Railways. ‘I have suffered terrible mental torture for over two years. Even now, when I am on duty at Sealdah station, people pass comments. With today’s order, I hope all that will end.’
Pinki Pramanik has the option of seeking the prosecution of the woman who falsely accused her and the police who gender tested her without her consent or court order. ‘I would be very happy if they were punished,’ she said.
‘I will decide on pursuing the matter against them in the coming days. Anand Grover, Supreme Court lawyer, and Kaushik Gupta of Kolkata argued Pinki’s case in the High Court. Payoshni Mitra, who is an expert on gender issues in sport, pursued the matter. ‘I am very happy the court has quashed the charges against Pinki,’ said Payoshni.
‘It is high time there was greater awareness of gender variations and greater sensitivity in handling them.’
Her consel stated before the court that under Indian law only a man can be accused of rape and as such charges of rape and cheating against Pramanik be quashed. The prosecution opposed the plea of Pramanik. Justice Talukdar quashed the proceedings against Pramanik after hearing both the parties.
Charges were framed against the athlete on the basis of the woman’s complaint under sections 376 (rape) and 418 (cheating) of IPC by the Barasat court sessions judge.
Challenging this, Pramanik had moved the high court in late 2013 and prayed for quashing of the charges against her. Her counsel Kaushik Gupta submitted before Justice Talukdar that medical examination conducted on her proved that she was a woman.
‘I am very relieved,’ said Pinki Pramanik who works with Indian Railways. ‘I have suffered terrible mental torture for over two years. Even now, when I am on duty at Sealdah station, people pass comments. With today’s order, I hope all that will end.’
Pinki Pramanik has the option of seeking the prosecution of the woman who falsely accused her and the police who gender tested her without her consent or court order. ‘I would be very happy if they were punished,’ she said.
‘I will decide on pursuing the matter against them in the coming days. Anand Grover, Supreme Court lawyer, and Kaushik Gupta of Kolkata argued Pinki’s case in the High Court. Payoshni Mitra, who is an expert on gender issues in sport, pursued the matter. ‘I am very happy the court has quashed the charges against Pinki,’ said Payoshni.
‘It is high time there was greater awareness of gender variations and greater sensitivity in handling them.’
Her consel stated before the court that under Indian law only a man can be accused of rape and as such charges of rape and cheating against Pramanik be quashed. The prosecution opposed the plea of Pramanik. Justice Talukdar quashed the proceedings against Pramanik after hearing both the parties.