The Punjab and Haryana High Court has affirmed the conviction and 10-year prison sentence of Dera head Dhanwant Singh for raping a disciple’s 20-year-old daughter at his religious center in 2000, while also directing that the survivor receive Rs 6 lakh in financial compensation.
Dismissing appeals from both the convict and the survivor, a single-judge bench of Justice Ramesh Kumari upheld a 2005 trial court ruling from Hoshiarpur, Punjab. The court rejected Singh’s plea for acquittal as well as the survivor’s petition seeking to increase his sentence to life imprisonment, observing that the certainty of a sentence is more vital than its severity in deterring crime.
Victim Testimony and Legal Rationale
Addressing the defense’s argument regarding the lack of eyewitnesses or independent corroboration, the bench noted that sexual assault occurs behind closed doors away from public view. Citing Supreme Court precedents, including the landmark ruling in State of Punjab versus Gurmit Singh, the court affirmed that a survivor’s solitary testimony, if credible and trustworthy, is sufficient to sustain a conviction without requiring secondary evidence.
Justice Kumari remarked that the inherent hesitation and social stigma associated with sexual offenses explain why the survivor did not immediately report the assault. The court stated that no self-respecting woman would subject herself to court proceedings and make humiliating statements against her honor unless the incident had genuinely occurred.
Case History and Defense Claims
The incident occurred during the night of November 25, 2000, when Singh called the survivor—whose family had long been devout followers of the preacher—to his room at the Dera. The survivor left the premises the following morning and disclosed the sexual assault to her father on December 31, 2000. Formal police action by the Jalandhar police eventually led to the trial court in Hoshiarpur convicting Singh in 2005 under Section 376 of the Indian Penal Code, sentencing him to 10 years of rigorous imprisonment and a Rs 10,000 fine.
In the High Court appeal, defense counsel Tejinderbir Singh argued for acquittal, pointing to the delay in filing the official complaint and the absence of immediate reports to other Dera residents or inmates. The defense alleged that Singh was framed as part of a broader conspiracy by Dera trustees following disputes over forged land agreements and the alleged embezzlement of Rs 30 lakh in trust funds. The defense counsel added that while Akal Takht Sahib had designated Singh as ‘Tankhaia’ for religious infractions related to worldly indulgences, no allegations of sexual assault had been raised at that forum.
State Arguments and Compensation Award
Appearing for the state, Assistant Advocate General Siddharth Attri, along with advocates Navkiran Singh and Harmeet Singh representing the survivor, requested the court to maintain the trial court’s findings. The survivor’s legal counsel emphasized the severe emotional trauma and prolonged legal struggle suffered by the victim since the assault occurred.
While refusing to modify the 10-year prison term, the High Court ordered Rs 6 lakh in compensation for the survivor, drawing on Supreme Court guidelines regarding victim relief to address the psychological distress and long pursuit of justice endured over the years.
