The Culcutta HC ruled on Tuesday that rape is the same as forcibly removing a teenage girl’s underwear.
This was rejected by Justice Ananya Bandopadhyay’s bench of one judges in a 2007 minor case. The victim was stripped of her clothing and made to lie on the ground, according to Justice Bandhopadhyay, and there was only one possible motive: tormenting the victim sexually.
She added that the small child cannot be coddled or pampered by having her pants removed and then reclined without her will.
Court was hearing Robi Roy case in the High Court for allegedly luring a young girl to a remote location with ice cream and demanding that she take off her underwear. He forced the young victim’s underwear off after she refused.
In 2008, a West Dinajpur lower court found Roy guilty. According to reports, Roy forcibly pulled the young victim’s underwear, which caused her to scream and draw attention to the crime.
After hearing her scream, the locals in the area hurried over and turned the accused over to the police.
According to other reports, a lower court found Roy guilty of the offence in November 2008 and sentenced him to five and a half years in prison as well as a 3,000 rupee fine.
Roy claimed that he had been wrongly accused when he filed to the High Court to contest the West Dinajpur decision. In his appeal, the accused asserted that he had no evil intentions towards the victim and professed his fatherly love for the young woman.
According to reports, the underage victim’s medical testing showed that no sexual assault had been committed against her. On February 7, the Calcutta High Court disqualified the act from being considered a rape or sexual offence under Section 375 of the Indian Penal Code.
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