HC trims life sentence of man accused of ‘raping’ Bangladeshi national

Kolkata: In a case of alleged repeated rape of a Bangladeshi national, a minor who was a student of Viswa Bharati University (VBU) in Bengal at the time of incident, Calcutta High Court trimmed the life sentence of the convict to 12 years while directing the state to intimate Bangladesh High Commissioner for his repatriation after he serves the sentence.

The bench of Justice Joymalya Bagchi and Justice Gaurang Kanth was moved by the accused (appellant) who is also a Bangladeshi. He was given life sentence under POCSO section for raping a minor.

He was also given other sentences of rigorous imprisonment for offences committed under sections of IPC. The case dated back to 2014 when the victim was a student at VBU in Shantiniketan. The accused was her local guardian here and was also a VBU student. The victim alleged the accused forcibly took her to his house and raped her. This was repeated on a number of days. The accused threatened to kill her if she revealed it to anyone. Further, the accused allegedly disrobed her and made videos. He threatened to upload those on social media. She eventually lodged a complaint at Bolpur Police Station. Her parents who came to India corroborated her statements. Few of her classmates also backed her claims. Her mobile phone and birth certificate was seized by the police. The appellant’s counsel argued no electronic evidence of objectionable videos was recovered from the accused. Hence, blackmailing was not proved. He also denied accused raped her and said any sexual intercourse if proved was not through coercion.

The court observed that in the absence of the primary evidence (electronic records of the nude videos), the blackmailing claim cannot be relied upon. However, the court observed that ample evidence showed the accused took advantage of the minor girl and had repeated sexual intercourse with her. Since she was a minor, her consent was immaterial. Keeping such factors in mind, the court reduced the life sentence to 12 years but held that other sentences shall run concurrently.

Correctional Home Authorities were directed to intimate appropriate authorities, including the Bangladesh High Commissioner, for his repatriation after he serves the sentence.