In a significant ruling on Tuesday, the Supreme Court upheld the conviction of a man for raping a minor girl in 1986, reversing a high court verdict that had acquitted him. The decision brings closure to a distressing chapter in the lives of the survivor and her family, after nearly four decades of awaiting justice.
The bench, comprised of Justices Vikram Nath and Sanjay Karol, criticized the Rajasthan High Court’s July 2013 decision for the acquittal and expressed dismay over the lengthy legal process endured by the victim’s family. “It is a matter of great sadness that this minor girl and her family have had to go through nearly four decades of life, waiting to close this horrific chapter of her/their lives,” the bench stated in its verdict.
Originally, a trial court in November 1987 had convicted the then 21-year-old man, sentencing him to seven years in jail. However, the High Court later acquitted him, basing its decision primarily on the testimony of prosecution witnesses, including the minor survivor, who was unable to verbally confirm the assault and responded only with tears when questioned.
The Supreme Court bench highlighted this reaction from the victim during the trial, noting, “The tears of ‘V’, have to be understood for what they are worth. This silence cannot accrue to the benefit of the respondent (accused).” The judges emphasized that the victim’s silence, stemming from trauma, should not be misinterpreted as a lack of evidence.
The apex court’s decision underscored that the absence of a verbal account from a child victim does not weaken the case when other evidence, such as medical and circumstantial details, supports the charges. “A child traumatized at a tender age by this ghastly imposition upon her has to be relieved of being the basis on which her offender can be put behind bars,” the court asserted.
The judgment also called for the high courts to independently assess evidence in cases involving child survivors of sexual assault before altering any lower court’s findings.
