Excelsior Correspondent
Srinagar, Jan 30: Observing that a rape victim in this country very rarely will make false allegations of sexual assault on her, the High Court has upheld the conviction of accused for committing rape of a minor girl.
On the culmination of the trial, in terms of the judgment passed on April, 2014, the trial court held the accused (Bashir Ahmad Matoo) to be guilty of offences punishable under Sections 376, 363, 109 RPC and the accused (Dilshada wife of Matoo) was found guilty of offences punishable under Sections 366-A, 363, 376, 109 RPC and consequently accused-Matoo was convicted and sentenced to undergo imprisonment for a period of 10 years and a fine of Rs. 10,000 under Section 376(1) RPC, in default of the payment of fine, he was directed to undergo simple imprisonment for six months.
The accused was also sentenced to undergo imprisonment of 3 years and 6 months and a fine of Rs. 5,000 for offences under Sections 363, 109 RPC. In default of the payment of fine, he was directed to undergo simple imprisonment of two months.
The accused Dilshada, was convicted and sentenced to undergo imprisonment of ten years under Sections 366(A) RPC and a fine of Rs. 10,000 was also imposed upon her and, in default of the payment of fine, she was directed to undergo further simple imprisonment of six months. The accused was also sentenced to undergo imprisonment of seven years under Section 363 RPC and a fine of Rs. 5,000 was also imposed upon her and, in default of the payment of fine, she was directed to undergo simple imprisonment for a further period of two months.
Justice Hanjura while upholding the verdict of trial court said the tragedy of the rape must be fresh in the mind of the victim, her parents and her uncle. However, they should be the last persons to fabricate the case against the accused. Being relations, court said, they cannot substitute a person in place of the real culprit and, that too, in a heinous offence of rape.
“Very rarely will a girl in India make false allegations of sexual assault. A girl, in the tradition bound society of India, would be extremely reluctant even to admit any incident which reflects on her chastity. She would be conscious of the danger to which she will be exposed. She would be conscious of being lowered down in the estimation of her own family members, relatives, friends, neighbours and others. She will have to face the whole world”, Justice Hanjura said.
Court answered the contention raised by the counsel for the accused that the accused could not have committed the offence of rape in the way it has been imputed to him. Court said that there is no end to human degradation, where it is a question of sexual intercourse.
Court reiterated, is that there appears to be no error in the judgment of the trial court and the trial court has touched all the aspects of the case extensively- be that the effect of the delayed FIR in the case, the effect of inconsistencies in the statements of the witnesses which have been rightly brushed aside.
“The statement of the victim, is trustworthy. It breeds confidence in the mind of a reasonable and prudent man. The prosecutrix had no malice, ill will, hatred, animosity or scores to settle with the accused or to take revenge from the accused by falsely implicating them in the case at the cost of her reputation”, reads the judgment.
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