The Gujarat High Court has firmly dismissed an appeal against a life imprisonment sentence, emphasizing the credibility and trustworthiness of a minor rape victim's testimony in a 2012 case. This significant ruling reinforces the judiciary's commitment to protecting vulnerable victims and ensuring justice in sexual assault cases.
Court Upholds Conviction Based on Victim's Credible Account
A Division Bench comprising Justices Ilesh J Vora and R T Vachhani of the Gujarat High Court heard the appeal filed by the sole accused, challenging his conviction and life sentence pronounced by the Additional Sessions Judge in May 2017. The appellant was convicted under Indian Penal Code sections for kidnapping and rape, as the crime occurred before the enforcement of The Protection of Children from Sexual Offences (POCSO) Act in 2012.
Details of the 2012 Surat District Case
The prosecution's case detailed that the accused kidnapped the minor girl under the pretext of offering her wafers, leading her to sugarcane fields where he confined and raped her. After the assault, he abandoned her at a secluded roadside location in the village. Witness testimonies revealed that a farmer discovered the girl bleeding from her private parts while returning from the fields, highlighting the brutality of the incident.
Reliance on Victim's Testimony and Supporting Evidence
In the trial, a total of 14 prosecution witnesses were examined, including the minor victim. The Gujarat High Court's 29-page oral judgment noted that the trial court primarily relied on the victim's testimony, supported by medical and other evidence. The court found her version to be credible, truthful, reliable, and natural, asserting that it did not require further corroboration regarding the rape and the accused's involvement.
Appellant's Arguments and Court's Rejection
The advocate for the appellant argued that the prosecution failed to prove its case beyond reasonable doubt, as it heavily depended on the victim's evidence. The appellant contended that her testimony contained contradictions and improvements, questioning her reliability due to her age and suggesting it needed close scrutiny. However, the High Court dismissed these submissions, affirming that the victim's account was consistent and trustworthy, and her age did not diminish its validity.
Implications for Justice and Victim Protection
This ruling underscores the importance of believing and validating minor victims' testimonies in sexual assault cases, especially in scenarios predating specific legislation like POCSO. It sends a strong message about the judiciary's role in upholding justice and protecting the rights of children, reinforcing that credible victim accounts can form the cornerstone of convictions.
The case, rooted in Surat district, continues to highlight the ongoing efforts to address and adjudicate historical crimes with rigor and sensitivity, ensuring that perpetrators are held accountable under the law.
