In a significant ruling, the Delhi High Court has upheld the conviction of a man for the rape of a woman inside Deer Park at Hauz Khas Village in 2017, cancelling the bail granted to him during the appeal process. The court strongly endorsed the survivor's account, noting her testimony "remains consistent to the core" and is powerfully corroborated by medical and forensic evidence.
Court Rejects Consensual Sex Claim, Cites Medical Evidence
Justice Manoj K Ohri, in a recent order, dismissed the appeal filed by the convict, identified as Raja, who was challenging his 2018 conviction and seven-year jail term by a trial court. Raja had claimed the sexual encounter was consensual. However, the court found this argument untenable.
The judgment highlighted that the woman provided a "clear and coherent account" of being led into a dark, isolated part of the park, threatened with a stone, forced to undress, and then raped. Her statement about striking the appellant with a stone, causing him to bleed, was also found credible and unshaken.
The court placed strong reliance on the physical evidence. It observed that the survivor's version was "corroborated by the medical evidence on record, which notes physical injuries consistent with resistance, and by the forensic evidence, which records the DNA profile" found on her clothes matching Raja's blood sample.
Sequence of Events on the Fateful Night
The incident dates back to 2017 when the survivor, along with her cousin and two other female friends, was at Hauz Khas Village for dinner. After the friends left, the sisters visited another bar. While returning, they met two boys who offered to drop them home.
After initial hesitation, they agreed. However, due to a heavy crowd, the woman got separated from her cousin. One of the boys, Raja, then offered to help reunite her with her cousin but instead led her across the road into the bushes inside Deer Park and raped her.
The High Court noted that the testimonies of her cousin and another witness confirmed the group had met at Hauz Khas and that the survivor and Raja had left together. The court deemed minor differences in their accounts regarding timing or sequence as natural, given the late hour, admitted alcohol consumption by a witness, and the time lapse before court depositions.
Survivor's Prompt Action Strengthened Prosecution Case
A crucial factor that bolstered the prosecution's case was the survivor's immediate action following the assault. Justice Ohri pointed out that she proceeded directly to the police station and her statement was recorded without any delay.
The court also considered the survivor's traumatised state, noting that the history recorded in evidence "nonetheless preserves the core allegation of being misled and subjected to forcible sexual assault in Deer Park, Hauz Khas, by an unknown person."
Firmly rejecting the consensual sex defence, the judgment reasoned that the woman had met Raja only moments earlier, it was past midnight, and they were in a dark, isolated area. "The prosecutrix has consistently stated that she was sexually assaulted by the appellant against her wishes," the court asserted.
With this order, the Delhi High Court has affirmed the trial court's 2018 decision, sending a strong message about the weight given to consistent survivor testimony backed by scientific evidence. Raja's bail has been cancelled, and he must serve the remainder of his seven-year sentence.
