New Delhi, Sep 27 (PTI) A court here has convicted a man for raping an eight-year-old girl in 2016, saying the testimony of the victim inspired evidence, had a ring of truth and was corroborated by other material evidence.
The court observed that there was no possibility of false implication as parents will not put the prestige of their minor daughter at stake by levelling fallacious rape allegations.
Additional Sessions Judge Babita Puniya was hearing the case against the man who was accused of raping the minor in the national capital on April 3, 2016.
Special Public Prosecutor Sharawan Kumar Bishnoi said when the victim was passing through a lane, the accused dragged her inside his house, bolted the door and raped her.
He said that the victim’s version was credible and consistent.
In its 62-page verdict pronounced on September 23, the judge said, “Having perused the testimony of the victim, I find that her evidence has a ring of truth. Her evidence not only inspires confidence but is otherwise corroborated on all material particulars.” The court rejected the defence counsel’s argument about the victim not having properly identified the accused.
It said, “This court cannot lose sight of the fact that it is dealing with a child, victim of penetrative sexual assault. At the time of alleged incident, she was about eight years old and her testimony was recorded on December 9, 2022, after a gap of more than six years.” “Accused is running in judicial custody since long and facing trial in two cases, including one rape and a murder case of a child victim, and was shown to the witness on screen. It is common cause that with the passage of time, physical appearance does change,” it said.
There was no possibility of mistaken identity and the accused’s identity was fully established, the court said.
It also trashed the arguments of the defence about tutoring the victim and about falsely implicating the accused.
The court said, “If indeed she wanted to lie before the court, she could have done so by concealing the factum of refreshing her memory, but she did not. In my considered view, she was a candid and truthful witness.” “Except the fact that she refreshed her memory regarding date of incident, which does not affect core of the prosecution case, there is nothing on record to suggest that she was influenced to make a false statement against the accused,” it said.
The plea of the accused of false implication did not appeal to reason, it added.
“It is highly improbable that the parents would put the prestige of their small daughter at stake by levelling false allegations of rape simply because of a quarrel which has allegedly taken place between the father of accused and chacha (uncle) of the victim,” the court said.
It convicted the accused under Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act and under Indian Penal Code (IPC) sections 376 (rape), 342 (wrongful confinement) and 363 (kidnapping).
The arguments on sentencing will be heard at a later date. PTI MNR NB
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