Medical Evidence Crucial in Corroborating Victim’s Testimony: Calcutta High Court Affirms Conviction in Attempted Rape Case

High Court upholds trial court’s conviction of Amar Sardar under Sections 376/511 and 354 IPC for attempted rape and assault, emphasizing the significance of prompt FIR and medical reports.

The Calcutta High Court has dismissed the appeal of Amar Sardar, thereby affirming his conviction by the trial court under Sections 376/511 and 354 of the Indian Penal Code (IPC) for attempted rape and assault. The judgment, delivered by Justice Shampa Dutt (Paul), underscores the pivotal role of medical evidence and the timely filing of the First Information Report (FIR) in establishing the credibility of the prosecution’s case.

The incident in question occurred on the evening of May 28, 2011, when the appellant, along with several others, unlawfully entered the victim’s premises, assaulted her, and attempted to commit rape. The victim’s husband lodged the FIR early the next morning, leading to the swift initiation of legal proceedings. The prosecution’s case was bolstered by the testimonies of the victim and other witnesses, as well as the seizure of blood-stained items and medical reports confirming severe injuries to the victim’s private parts.

The court highlighted the importance of medical evidence in corroborating the victim’s allegations. Justice Shampa Dutt (Paul) noted, “Medical documents and witness testimonies confirmed severe injuries to the victim’s private parts requiring surgical intervention and blood transfusion. The evidence supported the prosecution’s narrative of a brutal assault.” The consistent injuries reported were found to be in alignment with the victim’s account of the incident, thus reinforcing the prosecution’s case.

The court addressed the defense’s argument of false implication due to an ongoing landlord-tenant dispute. It observed that the initial statements made by the victim and her relatives were consistent and detailed, providing a reliable account of the incident. The court further remarked that the delay in filing the FIR was justifiable given the victim’s medical emergency and subsequent hospitalization.

The seizure of blood-stained items and liquor bottles from the appellant’s premises was deemed significant in corroborating the victim’s account of the assault and the presence of the appellant at the crime scene. “The items seized from the crime scene align with the victim’s description of the assault, adding weight to the prosecution’s evidence,” Justice Dutt stated.

The judgment extensively discussed the principles of evaluating evidence in cases involving sexual violence. It reiterated that a conviction can be sustained on the basis of the victim’s testimony alone if it is found to be reliable and trustworthy. In this case, the victim’s account was consistent and supported by medical evidence, leaving no room for doubt about the occurrence of the crime.

Justice Shampa Dutt (Paul) remarked, “The corroboration provided by the medical evidence is a significant factor that lends credibility to the prosecution’s case, especially in the face of attempts to discredit the victim’s testimony due to extraneous pressures.”

The Calcutta High Court’s dismissal of the appeal underscores the judiciary’s commitment to upholding justice in cases of sexual violence. By affirming the trial court’s findings, the judgment sends a strong message about the reliability of medical evidence and the promptness of filing FIRs. This decision is expected to have a profound impact on future cases, reinforcing the legal framework for addressing sexual crimes and ensuring that perpetrators are held accountable.

Date of Decision: 15^th May 2024