'Forced Anal Penetration However Little Is An Offence' Rules Calcutta High Court

Calcutta High Court refused to quash the case of forced anal penetration on the ground of incomplete penetration. It held it as a prima facie offence under 377 of the IPC.

The case was made by an aggrieved medical student who allegedly faced torture at the hands of a senior. Justice Shampa Dutt Paul made the observations on the case.

Details On The Case Of Forced Anal Penetration 

The Calcutta High Court judgement stated: “Penetration, however little, is an offence. In the present case, the opinion in the medical report is “No injury or evidence of complete anal intercourse could be detected” (so penetration however little (incomplete) in this case)...No injury or evidence of 'Complete anal intercourse' could be detected “is to be proved in the trial as even incomplete anal intercourse prima facie proves penetration however little and is thus an essential ingredient (evidence) to prove the commission of an offence under Section 377 IPC in this case”

Both the accused have been charged with 120B (criminal conspiracy) and 506 (criminal intimidation) of the IPC.

The plaintiff alleged that he was forcibly undressed and sexually tortured for two and a half hours every day by the accused. One of the two accused is a doctor. Additionally, the plaintiff conveyed to the court that he had been threatened against speaking about it.

The accused contended that false allegations were being made against them for a political vendetta. The plaintiff allegedly addressed a letter to the WB Chief Minister and mentioned a meeting with a WB MLA. On these grounds, the accused requested that the court quash the case against them.

A medical official after conducting a medical exam verified that the plaintiff's anal orifice bore no fresh wounds and seemed healthy.

Judgement by the Calcutta High Court

Responding to the accused's plea for quashing the case, Justice Dutt said:  “Filing a complaint of such nature on having to face the ordeal for two and a half long hours by a student against a superior who is in a position of influence (here in a doctor) in a Medical College requires extreme courage and mental strength and in the interest of justice, the case should proceed towards trial so that the parties have the opportunity to access the protection of justice."

Suggested Reading: Forced Sex In Marriage A Ground For Divorce: HC