“Breached trust of innocent victim”: Delhi High Court upholds life imprisonment of man for raping 5-year old girl
It is the prosecution’s case that the appellant lived in the neighborhood whom the victim N addressed as “bhaiya” (brother). Trusting him, the victim N requested him to unlock the door of her house.
While observing that the man “took advantage of the situation” and “breached the trust of the innocent tender age of victim”, the Delhi High Court has recently upheld the life imprisonment awarded to a man for raping a five-year-old girl who lived in his neighborhood.
A division bench of Justices Mukta Gupta and Poonam A. Bamba dismissed the man's appeal challenging his conviction and sentence awarded by a trial court and said the punishment does not call for any interference.
“Prosecution has proved beyond reasonable doubt that the appellant/accused committed penetrative sexual assault on the victim N”, it said.
It is the prosecution’s case that the appellant lived in the neighborhood whom the victim N addressed as “bhaiya” (brother). Trusting him, the victim N requested him to unlock the door of her house. The incident took place on August 2016 after the complainant (mother) picked up her daughter victim N from her school and sent her back with a neighbor after handing over the keys to her advising her to get the door unlocked with the help of that neighbor and stay at home. Thereafter, the mother went to pick up her other daughter.
When she returned home with her other daughter, she found victim N crying and saw that her frock and underwear had blood stains. On enquiry, victim N told her that Deepak Bhaiya (appellant) had unlocked the door of the house and thereafter he came inside and removed her underwear, and then sexually assaulted her.
“The appellant taking advantage of the situation and breaching the trust of the innocent tender-age victim N, sexually assaulted her. Not only that, forcible penetration by the appellant/accused resulted in injuries and bleeding to victim N, a child of the tender age of 5 years. Because of the injuries caused, victim N remained hospitalized for two days. Considering these facts and circumstances in entirety, the punishment awarded to the appellant does not call for any interference”, the bench observed.
Conclusively, the court held, “In view of the foregoing, we find no illegality in the impugned judgment. We are also of the considered opinion that in the facts and circumstances of the present case, the sentence of life imprisonment and fine, and imprisonment in default of payment of fine, as awarded by the Ld. Trial Court, also calls for no interference”. Accordingly, the court dismissed the appeal.
Case Title: Deepak Kumar v. State NCT of Delhi