HC upholds 20-year RI of two youths for minor's gang rape
POCSO Act
) in Bilaspur on Feb 19, 2021.
The special judge convicted the accused and sentenced them to 20 years of RI under Section 376D of IPC, one year of RI under Section 323 with Section 34 of the IPC, and two years of RI under Section 506 of the IPC. All sentences were directed to run concurrently.
A division bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru noted, "In evaluating the testimony of a survivor of a sexual offence, the court's approach is nuanced, recognising the inherent trauma and potential inconsistencies in the survivor's account.
The court does not require an exacting or flawless recounting of the incident. Rather, it focuses on permitting the survivor to share her narrative to the best of her ability, based on her recollection of events, within the bounds of reasonable possibility.
"
The incident occurred around 8 p.m. on the night of Nov 18, 2017, in a village in Bilaspur district, when the survivor—a minor studying in Class 8—was at home with her elder sister and brothers.
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Her parents went to a brick kiln in Uttar Pradesh for work. The survivor told the court that when she went to the toilet in courtyard, the accused—who were 19 and 20 years old at the time—gagged her, tied her hands and legs, and took turns raping her.
They also beat her and threatened her with a knife.
Hearing noises from the toilet, the survivor's elder sister and brother raised an alarm, prompting the accused to flee. The survivor immediately informed her siblings and a neighbour about the incident & a report was lodged at Malhar police post.
The case was later transferred to Masturi police station, where a chargesheet was filed.
In its judgment, the High Court noted that the survivor's age at the time of the incident—16 years, 7 months, and 15 days—fell within the definition of a "child" under the POCSO Act. The court stated that the survivor's testimony was corroborated by her siblings, who were present at the scene, and a medical report that confirmed forceful sexual intercourse and related injuries.
Dismissing the appeal, the court held that the prosecution successfully proved its case beyond reasonable doubt. It also observed that in cases of sexual assault, the survivor's testimony carries substantial weight and does not necessarily require corroboration. The court remarked that a rapist degrades the very soul of the survivor and emphasised that such cases must be handled with utmost sensitivity.
The sentences for the other offences under Sections 323/34 (voluntarily causing hurt) and 506(b) (criminal intimidation) of the IPC were also upheld.
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