In a recent ruling, the Delhi High Court has shed light on the crucial matter of establishing sexual offences against minors, particularly in cases of rape and attempted rape. Justice Swarana Kanta Sharma's observations came during the dismissal of an appeal filed by a man convicted in 2008 for attempting to rape a seven-year-old girl. The court's ruling emphasized that even minimal penetration is enough to establish sexual intercourse by a man.
Brief Facts:
The case involves an appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973. The appellant was convicted by the lower court for attempting to rape a seven-year-old girl ('X') and was sentenced to five years of rigorous imprisonment along with a fine of Rs. 5,000. The incident occurred in 2006, when the accused had taken 'X' and her younger sister ('Y') to his room and allegedly engaged in inappropriate conduct.
Contentions of the Parties:
The appellant's counsel argued that the lower court's conviction was based on unreliable and contradictory witness statements. They claimed that the complainant's statement did not match the version recorded under Section 164 of the Cr.P.C. Additionally, the medical evidence did not support the prosecution's case.
The prosecution contended that the testimonies of the complainant, 'X,' and 'Y' consistently supported their case. They emphasized the distressing nature of the incident involving minor victims. The prosecution cited the medical evidence as well, stating that while the hymen wasn't ruptured, there was tenderness and physical signs of discomfort. The prosecution argued that even minimal penetration constitutes an attempt to commit rape.
Observations by the Court:
The court's ruling emphasized that even minimal penetration is enough to establish sexual intercourse by a man. Justice Sharma stated, "…the nature of the offence needs to be carefully considered, whether it constitutes rape or an attempt to commit rape. It is essential to acknowledge that even minimal penetration is sufficient to establish sexual intercourse."
The court's decision was based on a comprehensive analysis of the evidence, including the testimonies of the victim and witnesses. The minor victim's testimony made it clear that there was penetration attempted by the accused. While the court ruled out full rape due to a lack of complete penetration, it highlighted that the act of the accused caused tenderness and pain to the victim, satisfying the criteria for an attempt to commit rape.
The ruling also addressed the concern of whether the victim had been tutored to give her testimony. The court found no evidence to suggest that the victim's testimony was manipulated or coached.
The case had initially been filed by the minor's mother, who reported that the accused had taken her daughters to a room and engaged in inappropriate behaviour with the seven-year-old.
The decision of the Court:
The appeal was dismissed.
Case Name: Rahul vs State of Delhi
Coram: Justice Swarana Kanta Sharma
Case No.: CRL.A. 104/2009
Advocates of the Appellant: Mr. Rohan J. Alva, Advocate (DHCLSC) along with appellant
Advocates of the Respondent: Mr. Satish Kumar, APP for the State with SI Anil Kumar, P.S. Najafgarh
Read Judgment @LatestLaws.com
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