In a significant ruling, the Calcutta High Court on Friday intervened in the case of a man convicted of aggravated sexual assault and attempt to rape, suspending both his conviction and sentence. The decision came after the court evaluated the details surrounding the incident and questioned whether the act of attempting to grope a minor girl’s breasts could indeed be classified as an attempt to rape, or if it fell under aggravated sexual assault as per the Protection of Children from Sexual Offences (POCSO) Act.
The Bench, led by Justices Arijit Banerjee and Biswaroop Chowdhury, concluded that while the man’s actions were clearly inappropriate and unlawful, the evidence did not support the more severe charge of attempted rape. The victim’s testimony, along with the medical report, revealed no evidence of rape or attempted penetration. The victim stated that the accused, under the influence of alcohol, attempted to grope her breasts, which, the court noted, could substantiate the charge of aggravated sexual assault but not rape.
“The evidence does not show any penetration, and the victim’s statement indicates an attempt to grab her breast while preventing her from leaving the premises, not an attempt to engage in sexual intercourse,” the court observed.
The convicted individual, identified as Zomangaih @ Zohmangaiha, had been sentenced to 12 years of imprisonment by the Additional District and Sessions Judge of Kurseong in November 2024. He appealed for a suspension of the sentence, arguing that the trial’s evidence did not support the charge of attempted rape.
The defense highlighted discrepancies in the victim’s initial complaint, which made no mention of breast groping, only an attempted kiss. It was only during her testimony in court that the accusation of groping surfaced, leading to further legal scrutiny. Counsel for the defense also questioned the proportionality of the sentence, arguing that a 12-year term was excessive, particularly given the circumstances.
After reviewing the arguments, the High Court acknowledged the potential for a reduced charge and noted that the maximum sentence for aggravated sexual assault under the POCSO Act could be up to 7 years. Given the convict had already served over two years in prison, the court ruled to suspend the sentence and grant bail, emphasizing that the appeal would likely face significant delays.
The court clarified that the suspension was provisional and related solely to the appeal process, stressing that its observations should not be interpreted as prejudging the final outcome.
As the case proceeds, the matter of the convict’s conviction and sentencing will remain suspended pending further legal developments.
