Delhi High Court Imposes 10-Year Rigorous Imprisonment for Abetting Rape, Reverses Acquittal
In a significant ruling, the Delhi High Court has sentenced a woman to 10 years of rigorous imprisonment for abetting the rape of a girl by her minor brother in 2013. The judgment overturns her acquittal by a trial court, delivering a stern message against such heinous crimes.
Court Finds Active and Deliberate Role in Crime
Justice Chandrasekharan Sudha, presiding over the case, held that the woman betrayed the trust placed in her and played an "active and deliberate" role in the crime. According to the prosecution, the convict conspired with her brother and lured the survivor to a secluded location in Najafgarh under the false pretext of employment. The brother, identified as a child in conflict with law, committed the sexual assault at the spot.
The court detailed that the woman intentionally aided the offence by:
- Luring the survivor through deceitful promises of employment
- Taking her to an isolated place
- Remaining present during the assault
- Preventing resistance and guarding the area
- Threatening the survivor with death and harm to her family if she reported the incident
Trial Court's Error and Criminal Antecedents Noted
Allowing the state's appeal against the acquittal, the high court observed that the trial court erred in extending the benefit of doubt to the accused in 2015, despite clear evidence of abetment. The court emphasized that the woman's actions clearly amounted to abetment under the law.
Taking note of the woman's criminal antecedents, including her involvement in a murder case, the high court stated that the offence formed part of a "continuing pattern of criminal behaviour rather than an isolated incident." The court further noted that she showed no signs of reformation, justifying the stringent sentence.
Sentencing and Compensation Details
The court sentenced her under Section 376 read with Section 109 of the Indian Penal Code, imposing a fine of Rs 50,000. It observed that a lenient approach would be "wholly misplaced and contrary to settled sentencing principles." An additional fine of Rs 20,000 was imposed along with a separate jail term for other offences.
Out of the fine amount, the court directed that Rs 50,000 be paid to the survivor as compensation. It also asked the Delhi State Legal Services Authority to assess and award further appropriate compensation. Noting that the survivor suffered "significant emotional, mental and physical trauma" while pursuing justice for over a decade, the court said compensation was necessary to provide some support for the suffering endured.
Legal Clarification on Abetment
While convicting the woman, the court clarified that although she did not commit the physical act of rape, the evidence established that she intentionally aided and facilitated the offence. The high court was dealing with an appeal against acquittal filed by the state, which challenged the trial court's decision to grant her the benefit of doubt in 2015.
The judgment underscores the judiciary's commitment to holding abettors accountable in sexual assault cases, particularly when they exploit trust and engage in systematic criminal behavior. This ruling sets a precedent for similar cases where abetment plays a crucial role in the commission of crimes.
