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The incident took place in September 2020, when the 19-year-old girl, infected with COVID-19, was being taken from Adoor General Hospital to a designated treatment centre in Pathanamthitta district
In a deeply disturbing case that shocked the state during the 1st wave of the COVID-19 pandemic, a Kerala District and Sessions Court has recently sentenced an ambulance driver, named Noufal V., to life imprisonment for raping a 19-year-old girl while she was being transported to a COVID-19 care facility in September 2020.
The District and Sessions Judge N. Harikumar convicted Noufal under multiple provisions of the Indian Penal Code (IPC) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act).
"Accused is convicted u/s. 235(i) Cr.P.C. and sentenced to undergo rigorous imprisonment for 10 years and to fine Rs. one lakh; in default, to undergo rigorous imprisonment for six months under sec. 376 of the Indian Penal Code. Rigorous imprisonment for a term of one year and to pay a fine of Rs. 1,000/-; in default of payment, to undergo rigorous imprisonment for one month u/s 323 of IPC. Rigorous imprisonment for a term of one year and to pay a fine of Rs. 3,000/-; in default of payment, to undergo rigorous imprisonment for one month u/s 354 of IPC. Rigorous imprisonment for a term of 3 years and to pay a fine of Rs. 5,000/-; in default of payment, to undergo rigorous imprisonment for one month u/s 354B of IPC. Rigorous imprisonment for a term of one year and to pay a fine of Rs. 3,000/-; in default of payment, to undergo rigorous imprisonment for one month u/s 3(1)w(i) of the SC/ST PoA Act. Imprisonment for life and to pay fine of Rs. 100,000. In default of payment, to undergo rigorous imprisonment for six months u/s. 3(2)(v) of the SC/ST PoA act. The accused is committed to central prison to undergo imprisonment," the Judge said in its order dated April 11.
Incident During COVID Emergency
The incident took place in September 2020, when the 19-year-old girl, infected with COVID-19, was being taken from Adoor to a designated treatment centre in Pathanamthitta district. Noufal, who was assigned by the government to drive the ambulance, deviated from the prescribed route and took the patient to an isolated area where he sexually assaulted her.
According to news reports, the survivor had been admitted to Adoor General Hospital and was being transferred in an ambulance to the COVID ward at Archana Hospital in Pandalam. Another patient, who was to be taken to Kozhenchery District Hospital, was also in the ambulance. Instead of heading directly to Pandalam, the closer destination, the driver, Noufal V, drove approximately 26 km in the opposite direction to Kozhenchery, where he dropped off the second patient. On the return journey to Pandalam with the lone female survivor in the vehicle, Noufal diverted the ambulance to a deserted spot in Aranmula, where he raped her inside the vehicle.
Following the assault, Noufal resumed the journey and dropped the survivor at the hospital in Pandalam, fleeing the scene thereafter. Upon arrival, the young woman informed hospital staff and her mother, who was also admitted to the facility, about the incident. The hospital authorities immediately alerted the police, and Noufal was arrested the next day. He remained in judicial custody for the entire five-year duration of the trial.
During the investigation, the survivor revealed that Noufal had apologized to her during the ride after the assault. She had the foresight to record his apology on her mobile phone, which she later handed over to the investigating officer. When the recording was played during the trial, the survivor was so overwhelmed that she fainted in court.
The prosecution also presented scientific evidence, including GPS data from the ambulance, to prove that Noufal had taken a detour to the secluded location where the crime occurred. This technological evidence proved to be a key factor in securing the conviction, the public prosecutor said.
Investigating officers acknowledged the difficulties in collecting evidence amid the strict restrictions and health risks posed by the pandemic. Despite the challenges, they managed to secure all necessary proof to ensure a strong prosecution and a life sentence for the accused.
Charges and Conviction
Noufal was found guilty under the following sections of the IPC:
Additionally, he has been convicted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989:
Cause Title: State of Kerala (Police) v. Noufal V
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