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Synopsis

The Chhattisgarh High Court has upheld the conviction and sentence of a man found guilty of sexually assaulting a five-year-old girl in Raipur observing that “Rape 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.”

A Division bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, made the observation while hearing a case stemming from an incident on November 22, 2018, when the five-year-old victim went to a local shop in Raipur to buy chocolates. The shop owner lured the child into his home under the pretext of giving her sweets and then sexually assaulted her. When the child did not return home in time, her mother became concerned and went in search of her. She found her daughter visibly distressed, and upon questioning, the child disclosed the horrifying details of the assault. The victim's mother immediately reported the crime at the Tikrapara Police Station. Following her written complaint, a First Information Report (FIR) was registered, and the shop owner was arrested the next day.

The accused was charged under Sections 376AB and 376(2)(n) of the Indian Penal Code (IPC), which pertain to the rape of a minor below 12 years and repeated acts of rape on the same woman, respectively, along with Section 6 of the Prevention of Children from Sexual Offences (POCSO) Act, which deals with the punishment for the offence of Aggravated Sexual Assault. The defence argued that the charges were fabricated due to a pre-existing dispute between the families, and that the victim's testimony could not be fully trusted. The trial court, however, convicted the accused based on the evidence presented, including the consistent testimony of the victim, corroborated by medical reports and forensic findings.

The High Court reaffirmed the gravity of crimes involving sexual violence against minors and emphasised the enduring psychological damage inflicted on such victims. The court underscored that “the evidence of a victim of sex offence is entitled to great weight, absence of corroboration notwithstanding. A woman or a girl who is raped is not an accomplice. Corroboration is not the sine qua non for conviction in a rape case”

The court further highlighted that in India’s tradition-bound society, victims of sexual assault face severe social stigma and are often reluctant to report such crimes. When such incidents are brought to light, there is a built-in assurance of the genuineness of the charge.

Citing previous judgments, including the judgments delivered by the Supreme Court in the cases of ‘Ranjit Hazarika v. State of Assam’ and ‘Dattu Ramrao Sakhare v State of Maharashtra’ the bench emphasised that the evidence of a prosecutrix should be treated with the same seriousness as that of an injured witness and should be evaluated based on its inherent reliability. The court reiterated that minor inconsistencies in the victim's testimony should not undermine an otherwise reliable prosecution case. In this instance, the court found the victim’s testimony consistent and credible, supported by medical evidence and other circumstances.

As a result, the court concluded that the findings of the trial court were correct and upheld 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.

 

Cause Title: Dinesh Nishad v State Of Chhattisgarh [CRA No. 323 of 2022]