Delhi HC upholds trial court order convicting man for raping one-year-old niece
Oct 19, 2022
New Delhi [India], October 19 : The Delhi High Court upheld the conviction and life sentence of a man accused of raping his one-year-old niece in 2012. The High court also observed that offences against minors, particularly sexual assault, are on the rise. The court stressed that the victim, in this case, is one year old.
The division bench comprising justices Sidharth Mridul and Anup Jairam Bhambhani dismissed the appeal of the appellant who had challenged the trial court order of conviction and sentencing him to a life jail term for the offence.
The bench observed, "The offences against minors, more particularly sexual assault are increasing alarmingly and it is, therefore, necessary for the court to imbibe the legislative wisdom. The plight of a victim and the shock suffered can be felt instinctively, as the victim of rape is left devastated by the traumatic experience, as well as an unforgettable shame, being haunted by the memory of the horrific experience forcing her into a state of terrifying melancholia."
The bench also observed that rape is abhorrent not only against the victim but also to society at large. The torment of the victim has the potential to corrode the poise and equanimity of any civilized society, whereas a murderer destroys the physical frame of a victim, and a rapist degrades and defiles the soul of a helpless female.
The bench stressed, " Nothing can be more heinous than a crime committed on a child. It is time to state that it is necessary for the court to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is likely to be lifelong."
The High court passed the judgment after hearing an appeal challenging an order passed in October 2019 by the Saket District Court. The appellant was convicted under sections of rape of IPC. and the POCSO Act.
The bench rejected the contention of the counsel for the appellant that there were discrepancies in the statement of some witnesses. The court said that such regular discrepancies do occur in the deposition of the witnesses due to shock and horror at the time of the incident.
The bench also said, "A special safeguard has been provided for children under Article 39 of the Constitution of India, which stipulates that the State shall ensure that the tender age of children is not abused and that childhood and youth are protected against exploitation and against moral and material abandonment.
