The Chhattisgarh High Court has upheld the conviction and sentence of an individual found guilty of sexually assaulting a five-year-old girl. The court, in its judgment delivered by Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, emphasized the gravity of the crime and the lasting psychological damage inflicted on the victim. The court reiterated that the testimony of a victim of sexual assault, particularly a minor, should be given significant weight, even in the absence of corroboration.
Background of the Case:
The case pertains to an incident on November 22, 2018, when the minor victim went to a local shop in Raipur, Chhattisgarh, to buy chocolates. The shop owner lured her into his house under the pretext of giving her sweets and then sexually assaulted her. The victimโs mother, noticing her daughter’s unusual delay, found her in a distressed state and upon inquiry, the child disclosed the horrifying details of the assault.
The mother immediately lodged a complaint with the Police Station Tikrapara. Based on her written complaint, an FIR was registered, and the shop owner was arrested the following day. The investigation included medical examinations, forensic analysis, and statements recorded under Section 164 of the CrPC.
Legal Issues Involved:
The case was prosecuted under Sections 376AB and 376(2)(n) of the Indian Penal Code (IPC), which deal with the rape of a minor under 12 years and repeated acts of rape, respectively. The defense contended that the charges were fabricated due to a pre-existing dispute between the families. However, the court dismissed these arguments, noting that the victimโs testimony was consistent and credible.
The trial court had convicted the accused based on the evidence presented, including the victim’s testimony, medical reports, and forensic findings. The Chhattisgarh High Court, upon reviewing the case, upheld the trial court’s decision, affirming the sentence of 20 years of rigorous imprisonment under Section 376AB and an additional 10 years under Section 376(2)(n), to be served concurrently.
Courtโs Observations:
In delivering the judgment, Chief Justice Ramesh Sinha highlighted the severe impact of rape on a victimโs psychological and emotional well-being, stating, โRape is not merely a physical assault; it is often destructive of the whole personality of the victim. A murderer destroys the physical body of his victim, a rapist degrades the very soul of the helpless female.โ
The court also underscored the principle that in the Indian legal context, the testimony of a victim of sexual assault should not be dismissed merely due to the absence of corroboration. The judgment cited precedents from the Supreme Court, which have established that a victimโs testimony can be sufficient to convict the accused if it is found credible and reliable.
Decision:
The Chhattisgarh High Court found no reason to interfere with the findings of the trial court. The court noted that the victim’s testimony was consistent with the medical evidence and the broader circumstances of the case. The conviction and sentence handed down by the Additional Sessions Judge, First Fast Track Special Court, Raipur, were thus upheld.
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The case number for this judgment is CRA No. 323 of 2022, and the legal representation included Mr. Ankur Seth and Ms. Jaya Gupta for the appellant, and Mr. Shailendra Sharma as the Panel Lawyer for the respondent. The judgment was delivered on August 9, 2024, by the Chhattisgarh High Court at Bilaspur.
