10 years jail term awarded to a man for raping a 5 year old girl

Delhi High Court: Dealing with a case where a five-year-old girl “X” was raped by
her neighbour, a bench of S.P. Garg J affirmed the decision of the trial court
to convict the accused (appellant) under Section 376(2)(f) of the Penal Code.

In the instant
case, the trial court convicted the accused on the basis of “X’s” testimony, in
which she deposed that the accused took her inside the house on the pretext to
give toffee, and inserted his private part into her private part. The trail
court also relied on “X’s” Court statement, in which she identified the
appellant to be the perpetrator of crime. The Court rejected the plea of the
appellant that he was not the perpetrator of crime, on the ground that he failed
to establish the plea of ‘alibi’ and
give plausible explanation for his false implication. The Court noted that “X”
aged about five years is not expected to level serious allegation of rape
against an innocent one who lived in her neighbourhood. The Court further noted
that no strong reasons exist to disbelieve the testimony of child witness, and
that for petty altercation X’s parents cannot be imagined to concoct false
allegations which have reflection upon the chastity of their little child.

The Court
concluded that ocular testimony of the prosecutrix is in consonance with the
medical evidence, which lends credence to X’s version of sexual assault, and
stated that ‘since the perpetrator of the crime was known to the victim and
belonged to their native place, he deserves no leniency particularly when the
victim was aged about five years like his daughter”. The Court stated that the
impugned judgment based on fair and proper appreciation of the evidence
supported by relevant judgments needs no intervention, and accordingly affirmed
the decision of the trial Court, and awarded 10 years jail term to the accused
for raping the girl child. [Upender Mukhiya v. The State (NCT of Delhi), 2015 SCC OnLine Del 9863, decided on 29.05.2015]

Source: Legal news India

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