HC upholds 12-yr jail term for man convicted of raping elderly woman
New Delhi:
Delhi High Court
has upheld the 12-year jail sentence of a man convicted of raping a 60-year-old woman, finding her testimony "cogent, consistent, and free from material embellishments."
Justice Sanjeev Narula, in a recent order, observed that the survivor's account remained "unshaken under the rigour of cross-examination" and suffered from no material infirmity that would warrant rejection. "Her testimony inspires confidence and stands as a credible and trustworthy narrative of the incident," the court said.
Rejecting the convict's plea for a reduced sentence, the HC noted that the crime was committed under grave circumstances—against a vulnerable survivor, and while the accused—24-year-old man at the time of crime—was in an inebriated state.
"The sentence awarded by the trial court is neither excessive nor disproportionate. Rather, it is commensurate with the seriousness of the crime and the circumstances under which it was perpetrated," the court ruled.
According to the prosecution, the incident took place in June 2017 when the accused forcibly entered the survivor's shanty during the early hours, gagged her, and committed the assault. Although the accused denied the charges and claimed inconsistencies in the survivor's version, the court held that her testimony alone was sufficient to sustain the conviction.
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Referring to established jurisprudence, the court reiterated that in cases of sexual assault, a survivor's sole testimony can be the basis for conviction if found to be credible and of "sterling quality". In this case, the court said, the woman's version not only withstood judicial scrutiny but was also corroborated by medical evidence, expert testimony, and statements by the investigating officer.
The consistent jurisprudence of the Supreme Court has underscored that in prosecutions relating to sexual offences, the solitary statement of the survivor, if it inspires the confidence of the court, requires no further corroboration, it added.
Crucially, DNA analysis conducted in the case confirmed the allegations and directly linked the accused to the crime, further strengthening the prosecution's narrative. "The evidence presented was reliable, admissible, and consistent with the survivor's version," the court said, finding no ground to interfere with the trial court's "well-reasoned findings."
Addressing the argument that no independent witnesses were produced, the court clarified, "The law does not mandate public witnesses in every case, particularly when the act occurs in an enclosed area and at a time when most people would be asleep."
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