HC on Rape: Even If Victim Willingly Leaves Home to Go With Accused, It Does Not Give Him Right to Rape Her, Says Calcutta High Court

The Jalpaiguri bench of the Calcutta High Court has affirmed that even if a woman or girl leaves her home voluntarily with a person, it does not grant the person the right to commit rape. Reportedly, this decision came during the judgment of a 2007 rape case involving a girl allegedly kidnapped by a man. In the case of Hemanta Barman vs the State of West Bengal, the accused argued that the victim had willingly left her parents' house to be with him. However, in his ruling, Justice Siddhartha Roy Chowdhury emphasised that even if this claim were true, it did not justify the man's actions. The Court highlighted that consent is paramount, and the absence of abduction or kidnapping does not negate the crime of rape. It was noted that the victim had refuted the accused's version of events, and her testimony was deemed credible. ‘Physical Relationship Was Consensual’: Calcutta High Court Quashes Rape Case.

No Excuse for Rape, Even If Victim Leaves Home Willingly

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