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Synopsis

A local court in Muzaffarnagar on Tuesday convicted and sentenced two men to 20 years of rigorous imprisonment for gang rape of a Muslim woman during the 2013 riots in the area. 

Accused Maheshvir and Sikander have been convicted for offences under Sections 376(2)(g) (rape during communal violence), 376D (gang rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC)

Additional District and Sessions Judge Anjani Kumar Singh awarded the accused persons 20 years rigorous imprisonment with Rs 10000 fine each for the offence under Section 376D, 10 years of imprisonment with Rs 5000 fine each for the offence under Section 376(2)(g) and 2 years of rigorous imprisonment for the offence under Section 506. 

The judge noted in the order that during the riots, the accused committed rape against a “helpless woman when she along with her son was fleeing through the sugarcane field to save her life”.

On August 29, 2013, communal clashes took place in Kawal village in Muzaffarnagar district which was triggered by the killing of two Jat youths.

As per the victim in the present case, on September 8, 2013, when her husband had gone to see a doctor, a rumour spread in her village Lank that a person was shot dead near a mosque in the area and riots had started. Therefore, in order to save herself, the victim, along with her minor son, ran towards the sugarcane fields adjacent to the village to take shelter. However, the accused persons caught her and by putting her in fear for the life of her 3-month child, they gang raped her. 

The trial court held that the prosecution was successful in proving its case through irrefutable and reliable evidence of the victim while pointing out that as per rulings of the Supreme Court, the conviction can be based upon the sole testimony of the rape victim.

Importantly, court noted that in the present matter, Section 376 (2) (g) of IPC was attracted as when the gang rape happened, there was a situation of communal riots in the village of the victim, which was clear from the facts of the case. 

Section 376 (2) (g) of the IPC recognises rape during communal or sectarian violence as a specific offence.

"If there is tension in a part of the district and people are migrating from nearby villages due to fear, then it will be considered that it is happening due to riots, even if there is no physical presence in the village from where people are migrating", the trial court held. 

Case Title: State v. Kuldeep and Others