Rape a barbaric crime on woman and society, says Delhi high court

0
157

[google-translator]

Rape is one of the most barbaric and heinous crimes that is committed not just against the dignity of the woman but also against society at large, the Delhi high court said on Monday while upholding the conviction of three persons for the gang-rape of a ragpicker in 2012 in Kalindi Kunj.

“These crimes are against the holy body of a woman and soul of the society,” Justice Chandra Dhari Singh said while delivering his judgment on criminal appeals preferred by six accused persons, challenging their sentencing and conviction in the 2012 case.

“The object of the relevant penal law is to protect women from such offences and to keep alive the conscience of society by weeding out such criminal proclivity. Hence, it is the duty of every court to award a proper sentence considering the nature of the offence and the manner in which it was committed. Therefore, reduction of sentence without any reasonable ground would be an anathema to the very concept of the rule of law, and hence in the facts of the case, no such relaxation can be granted,” he further said.

The court, however, acquitted three persons while giving them the benefit of the doubt due to material contradictions in the victim’s statements.

According to the prosecution, On May 19, 2012, information was received by the police control room that a woman had been raped by several persons in a truck. Police teams reached the spot and rescued the woman, who in her statement recorded later said she was a ragpicker and was gang-raped by six men.

She said was raped by accused persons Lucky, Vicky, Yasin Khan, Satyajeet Biswas, Uma Shankar and Amit. She alleged that she was sodomised by Vicky. She also alleged that she was taken in the gramin sewa vehicle by three of the accused and Vicky again raped her inside the vehicle.

The woman claimed that the accused persons left her in Kalindi Kunj and threatened to kill her if she disclosed their crime to anyone.

Analysing the material on record, the court said prima facie, there were several contradictions in the statements of the victim recorded at different stages of the investigation, inquiry and trial.

“Minor contradictions or insignificant discrepancies should not be a ground for throwing out an otherwise reliable prosecution case. The testimony of the prosecutrix/complainant has to be appreciated on the principle of preponderance of probabilities just as the testimony of any other witness,” justice Singh said in a 57-page judgment.

The court acquitted Amit, Satyajeet and Yasin Khan saying the accused have spent in jail a substantial portion of their sentence despite glaring loopholes in the prosecution case.

The court, however, upheld the conviction and sentencing of Vicky, Lucky and Uma Shankar and dismissed their appeals.

“As per the latest nominal roll, as on December 24, 2021, accused Uma Shanker was yet to serve his remaining sentence of one month and eight days. As on date, the sentence ought to have been completed as fully served. Accordingly, the accused Uma Shanker is directed to be released as per the procedure under the jail Manual. Other accused persons, who have not been acquitted herein and are yet to complete their respective sentences, shall be released after serving their remaining sentence in accordance with the jail manual,” the court said.


Source link

LEAVE A REPLY

Please enter your comment!
Please enter your name here