‘Imagine ordinary woman’: Calcutta High Court orders re-trial of male cop acquitted of raping colleague, says ‘collective shame’

The Calcutta High Court observed that while the nation takes pride in the “bloodshed” of officers in the line of duty, the “blood-stained uniform” in this case, resulting from a forced miscarriage, marks a moment of “collective shame” for the force.

“If a lady police constable—a member of the force itself—is subjected to such humiliation at the hands of the appellant and in view of the systemic failures of the police administration, the plight of an ordinary woman in the Andaman and Nicobar Islands becomes a matter of grave concern,” the Calcutta High Court order read. 

The bench pointed out that the brotherhood in police uniform has become so strong for brother police officers that there may be attempts to shield the misdeeds of such police officials.

The high court was hearing the appeal of a lady constable who challenged the acquittal of a male constable who allegedly raped her on the pretext of marriage. 

Brotherhood in uniform, profession

• The Calcutta High Court took note of the phrase “brotherhood in uniform” and pointed out that it was probably first used by Justice Dipankar Datta in 2008 in a case.
• The Calcutta High Court pointed out that the brotherhood in police uniform has become so strong for police officers that there may be attempts to “shield the misdeeds” of such police officials by other fellow police officers. 
• The Calcutta High Court found the “brotherhood in uniform” syndrome in the case concerning the role of the investigating officer who consciously omitted to bring on record certain evidence which is vital for the prosecution of a police constable.
• The Calcutta High Court, referring to the testimony of one of the doctors, pointed out that there are several professionals, like doctors, academicians, advocates, judges, etc., whose memories are sharper than those of any normal person. 
• All those professionals can recollect not only the case history, but they can remember the particulars of the books and treatise where from which they derive their knowledge. 
• Such professionals are trained to remember cases and case histories in their memory. 
• Therefore, the Calcutta High Court said that it is not unusual or unnatural that the chief medical officer could remember the incident of the lady constable. 

Rise of administration needed 

• The Calcutta High Court mentioned that for the common woman, the right to justice will remain “elusive” unless the administration rises to the occasion and demonstrates a policy of “zero tolerance for offences against women”. 
• The court mentioned that when a government servant is admitted to the government hospital, in all probability, it is wholly “unlikely, unnatural and unconscionable” that such a government servant will be taken to a private nursing home unless there is something required to be “hidden”.  
• The high court noted that the woman was sexually abused on the pretext of marriage at the instance of the accused, knowing fully well that such a promise to marry was false from the very beginning of the relevant relationship. 
• The court also emphasised that the alleged consent of the lady constable was procured on her misconception of the fact that the accused had the intention to marry her. 
• The high court directed the director general of police (DGP) to take an exemplary stand and ensure that the accused, being a serving officer under his command, surrenders before the trial judge to serve the sentence to be imposed upon him. 
• The court further directed DGP to initiate necessary disciplinary proceedings against the investigating officer who was found to have committed serious dereliction of duty on his part.
• The Calcutta High Court set aside the said judgment of acquittal and found a clear “failure of justice”. 
• The court, then, directed the accused to surrender before the trial court by May 22 and on his surrender, the trial judge should take him into custody and impose the proper sentence under Sections 376/312 IPC (sexually assaulting a woman and forcing miscarriage). 

Love affair, abortion, criminal case

The case stemmed from an allegation where a woman police constable claimed that a male police constable committed rape upon her forcibly and also on the false promise of marriage, and consequently, she got pregnant. 

It was further added that when the matter was brought to his notice, and he was requested to marry her, he allegedly compelled her to consume pills for the termination of her pregnancy twice on the pretext that if the matter of pregnancy was known to society, the marriage of his sister would not take place. 

It was further added that the consequences of consuming termination pills on the woman commenced at the very police station where both of them were posted, and ultimately, bleeding started, and she was taken to the hospital by the lady staff of the police station with a blood-stained police uniform. 

It was alleged that the man took the woman’s discharge papers from the hospital after taking all the medical papers from the said hospital and admitting her to a private nursing home, posing as her husband. 

After the termination of the pregnancy, he disowned her, and as a result, the woman filed a criminal case, which ultimately gave rise to the session trial, but he was acquitted of all charges.

Being aggrieved with the judgment of acquittal in April 2024, the woman has brought the appeal before the Calcutta High Court, and the state has also filed a separate appeal contending that the trial judge did not consider the evidence brought on record and the present law of the land in its proper perspective.

Woman had capacity to judge

Representing the male constable, advocate Mohammed Tabraiz submitted that the complainant, in his examination-in-chief, has admitted that she is a postgraduate in commerce and has the capacity to judge a fact to be right or wrong.

He further submitted that no medical evidence was brought on record to demonstrate that the complainant was treated at the said hospital or that the blood stain was a result of an abortion. 

He added that the blood stain could have been for various reasons, and the medical experts were the best people who could have confirmed the same. 

It was further contended that the fact of abortion could have been proved only by medical documents, and in the present case, no medical record was brought on record to prove that the complainant ever had any abortion. 

2 young people fell in love

Appearing for the woman, advocate Deep Chaim Kabir has pointed out that the two young persons fall in love, make promises, as convenient as being overcome with passion or lust, this does not dilute an offence of rape. 

He placed in the Calcutta High Court’s record the certificate issued by the doctor, stating that she came to the hospital with her husband on October 24, 2013, with a complaint of profuse bleeding, as she had allegedly undergone an abortion elsewhere, and she was given treatment to save her life due to profuse bleeding. 

added that there is a complete absence of explanation by the accused, and his sole attempt was to deny the pregnancy at every stage, rather than stating that there was a consensual love affair, and hence it was not rape, or that he did not administer pills to her for abortion to her, causing a miscarriage on the promise of marriage. 

Representing the state, senior advocate Sumit Kumar Karmakar submitted that he has nothing to add to the submission of senior advocate Kabir.