Raipur: In a landmark judgement with potentially far-reaching implications, Chhattisgarh High Court has held that a rape convict could also be held guilty for abetment if the victim takes her own life as a “direct consequence of the trauma, humiliation and psychological distress caused by the assault”.
Dismissing a 21-year-old appeal and upholding the conviction of Vijay Kumar, the accused in a 2004 rape case, a single bench of Justice Narendra Kumar Vyas observed that the crime had a ‘direct nexus’ with the victim’s death by suicide, making him liable under Section 306 (abetment of suicide) of the Indian Penal Code, which was then in force, in addition to being convicted for rape and house trespass.
The case dates back to August 22, 2004 when the convict entered the woman’s house in the Kasdol area of then Raipur district, while she was alone and raped her. According to the prosecution, the victim disclosed the assault to her brother and sister-in-law in the immediate aftermath of the incident before setting herself ablaze. She succumbed to her burns while being rushed to a hospital.
The trial court convicted the accused under Sections 376(1), 306 and 450 IPC, sentencing him to 10 years’ rigorous imprisonment for rape and seven years each for abetment of suicide and house trespass. During subsequent proceedings on a plea challenging the sentencing on all counts, the high court rejected the argument put forward by the defence that there was no evidence of instigation, holding that the circumstances established a clear causal connection between the rape and the victim’s decision to end her life.
“It can be deduced that the deceased might have been left with extreme mental trauma and humiliation on account of the forcible act committed by the appellant,” the single bench observed, noting further that in Indian society, a woman subjected to rape often suffers a loss of dignity and self-esteem and faces social stigma, factors which may drive her to commit suicide. The court concluded that the victim’s suicide on the very day of the assault amounted to a consequence of the accused’s actions, which, thereby, fell within the ambit of ‘instigation’ under IPC Section 107.
The judge ruled that there was “no illegality or perversity” in the trial court’s conviction for abetment under Section 306 IPC. The bench also rejected the defence’s claim of a consensual relationship, noting that torn clothes recovered from the scene, forensic evidence indicating the presence of sperm on multiple exhibits, and the victim’s immediate disclosure of the assault supported the prosecution’s case.
Upholding the convictions and sentencing, the bench dismissed the appeal directing the appellant, who was on bail, to surrender before the trial court within two months and serve the remainder of his sentence.
Key Highlights of the Judgment
- Landmark Ruling: The High Court established that a rape convict can be held liable for abetment of suicide if the victim dies as a direct consequence of the assault.
- Direct Nexus: The court found a direct causal connection between the rape and the victim's suicide, rejecting the defence's argument of no instigation.
- Social Stigma: The judgment highlighted the loss of dignity, self-esteem, and social stigma faced by rape victims in Indian society as factors leading to suicide.
- Evidence: Forensic evidence, torn clothes, and immediate disclosure by the victim supported the prosecution's case against the accused.
This ruling sets a significant precedent in Indian criminal law, emphasizing the psychological impact of sexual assault and the legal responsibility of perpetrators for the consequential death of victims.
