[Section 377 IPC] Incomplete Anal Intercourse Prima Facie Proves Penetration, Sufficient To Proceed With Prosecution: Calcutta High Court

The Calcutta High Court has refused to quash the criminal proceedings initiated against a medical professional (Resident Medical Officer (RMO)) under Section 377 of IPC for allegedly forcing anal intercourse on a 1st year medical student at the hospital of his residency.

While the medical examination of the complainant-victim did not evidence complete anal intercourse, the single judge bench of Justice Shampa Dutt (Paul) observed "penetration, however little is an offence".

It opined that the medical report says 'No injury or evidence of complete anal intercourse could be detected'— so penetration however little or incomplete is there in this case.

"Even incomplete anal intercourse 18 prima facie proves penetration however little and is thus an essential ingredient (evidence) to prove the commission of offence under Section 377 IPC in this case and accordingly the said evidence and materials in the case diary makes out a prima facie case of commission of the cognizable offences as alleged," the court observed.

The bench however discharged the second accused, an intern with the professional who allegedly threatened the complainant, from charges under Section 377 IPC. It said, "The ingredients required to constitute the offence under Section 377 IPC is prima facie not present in respect of petitioner no. 2. But there is prima facie materials against him in respect of Section 506/120B IPC."

As per the complaint, the RMO forcefully undressed the complainant at a doctor’s quarter on campus and forced the complainant to massage his private parts. He was also threatened not to disclose this fact to anybody both by the RMO and later by his intern.