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While refuting the argument that the victim's father had falsely implicated the convict, court said, "It is not natural for any father to stake the honour of his minor daughter to avenge a previous dispute, that too by falsely alleging that she has been raped"
The Allahabad High Court recently upheld the conviction of a man in a rape case of an 8-year-old girl. However, court converted the sentence of life imprisonment awarded to the convict to 14 years of rigorous imprisonment.
While upholding the conviction, court refuted the argument that the victim's father had falsely implicated the convict.
The bench of Justice Ashwani Kumar Mishra and Justice Rajendra Kumar said, "So far as the plea of false implication, it is not natural for any father to stake the honour of his minor daughter to avenge a previous dispute, that too by falsely alleging that she has been raped".
The court was dealing with a criminal appeal filed by one Sonu @ Pinku against the judgment and order dated 19.12.2012 passed by IInd Additional District & Sessions Judge, Gautam Budh Nagar.
Along with other punishments, the court below had sentenced Sonu to life imprisonment and a fine of Rs. 2000 under Section 376(2)(f) of the IPC.
The prosecution story in brief was that on June 10, 2010, the informant's children were playing outside the slums / Jhuggis when he had gone to work. At around 11:30 in the morning, a black Indica Car stopped near the children, which was being driven by Sonu who seduced the victim and 3-4 other children and made them sit in the car. After driving for a little while, he dropped off other children except the victim.
Thereafter, the police had found the victim injured with bleeding on the side of the road.
During the trial, Sonu alleged that 3 to 4 days before the incident, the victim had broken the glass of his vehicle, and when he demanded the damages, there was a quarrel with the victim's uncle, thus, he had been falsely implicated in the case.
However, the high court held that the victim although was a child witness but it found her testimony to be reliable as she had been examined by the court before recording her statement.
"The victim has clearly disclosed the name of her village and the district to which she belonged. The concerned court has recorded its satisfaction on the basis of questioning of the victim that she is capable of giving answers to the questions posed to her," noted the court.
Therefore, court upheld the conviction. However, keeping in view the facts that the convict was a first time offender and the possibility of his correction could not be ruled out, court modified the sentence awarded to him.
Case Title: Sonu @Pinku v State of UP
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