The Delhi High Court has awarded a 10-year rigorous imprisonment term to a woman for abetting the rape of a survivor by her minor brother in 2013. Justice Chandrasekharan Sudha, while passing the sentencing order, observed that the convict played an “active and deliberate” role in the crime and showed no signs of reformation, noting her involvement in other serious criminal activities, including a murder case.
The incident dates back to 2013 in the Najafgarh area of Delhi. According to the prosecution, the convict conspired with her brother—a ‘child in conflict with law’—to lure the survivor to a secluded location under the false promise of providing employment. Once at the site, the brother committed the offence of rape.
In 2015, a trial court had acquitted the woman, granting her the “benefit of doubt.” However, the State challenged this acquittal in the High Court. On February 23, the High Court set aside the acquittal, holding her guilty of offences punishable under the Indian Penal Code (IPC). The final sentencing order was passed on March 25.
While the physical act of rape was committed by the brother, the High Court focused on the woman’s role in facilitating the crime. Justice Sudha noted that the evidence established the convict “intentionally aided and facilitated the commission of the offence.”
The court observed:
“The convict induced the survivor by deceitful promises, brought her to a secluded place, remained present during the assault, prevented resistance, and guarded the area. Such acts clearly amount to abetment, as they were done with prior knowledge and intention that [the survivor] would be subjected to sexual assault.”
The court further emphasized that the convict betrayed the trust placed in her and acted as a guardian for the crime rather than a protector. Following the assault, the woman allegedly threatened the survivor with death and harm to her family to ensure the crime remained undisclosed.
Regarding the quantum of the sentence, the court took a stern view of the convict’s criminal record. Justice Sudha remarked that this case appeared to be part of a “continuing pattern of criminal behaviour rather than an isolated incident.”
The court stated:
“A lenient approach in the case on hand, where the convict continues to be involved in serious criminal activities, would be wholly misplaced and contrary to settled sentencing principles.”
The court directed the convict to undergo:
- 10 years of rigorous imprisonment under Section 109 (abetment) read with Section 376 (rape) of the IPC, with a fine of Rs 50,000.
- 5 years of rigorous imprisonment under Section 366 (kidnapping or inducing woman).
- 1 year and 3 months under Sections 506 Part II (criminal intimidation) and 323 (voluntarily causing hurt).
All sentences are to run concurrently.
Acknowledging that the survivor has fought for justice for over a decade, suffering “significant emotional, mental and physical trauma,” the court ordered that the Rs 50,000 fine amount be paid to her as compensation. Additionally, the Delhi State Legal Services Authority has been directed to award further appropriate compensation to support the survivor.
