New Delhi, Aug 5 (PTI) The Supreme Court on Tuesday underscored the need to remain sensitive in sexual assaults of helpless woman as it confirmed the punishment of a man in a POCSO case. A bench of Justices Sudhanshu Dhulia and N V Anjaria said the Chhattisgarh High Court was wholly justified in upholding and confirming the conviction and sentence awarded to the convict by the trial court.
“The court should remain sensitive while dealing with the charges of sexual assault on the helpless woman,” the bench said.
The top court verdict referred to its previous decisions and said a rapist “not only violates the victim’s privacy and personal integrity, but inevitably causes serious psychological as well as physical harm in the process”.
“Rape is not merely a physical assault and subsequently destructs the whole personality of the victim,” the bench quoted its decisions as saying.
The top court said the evidence of the survivor in the present case was entirely “probable, natural and trustworthy” who with lucidity narrated the whole incident about commission of offence against by the accused.
“There exists no reason, much less compelling reasons, to disbelieve and discard her testimony,” the bench observed.
Similarly, the bench was convinced by the testimony of the brother, who supported the survivor’s statement.
“There was a consistency lent. The conduct of the victim, soon after the incident was quite natural, as she went to cousin sister’s neighbouring house and through her, informed cousin brother and her parents who were away,” the bench said.
The incident occurred on April 3, 2018, when the 15-year-old survivor and her brother were inside their house.
The parents had gone to a neighbouring village to attend the funeral ceremony of a family member.
Finding the her alone, the convict entered the house and sent her brother to bring a pack of chewing tobacco and sexually assaulted the minor. PTI PKS PKS AMK AMK
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