Conviction in Rape Case but with Reduction in Sentence
In cases of sexual assault, the testimony of the prosecutrix stands on par with that of an injured witness; corroboration is not a sine qua non for sustaining conviction if the testimony of the victim inspires confidence and is credible and trustworthy.
News Report:
In a significant ruling, the Jammu and Kashmir High Court upheld the conviction of Sanjay Kumar in a decade-old case involving the rape of a minor girl but reduced his sentence from 12 years to 10 years of rigorous imprisonment. The court also increased the fine to Rs. 1,00,000, directing Rs. 90,000 to be paid as compensation to the victim.
The case dates back to June 22, 2012, when Kumar allegedly assaulted an 8-year-old girl in the village of Budh Charai, Tehsil Akhnoor. The victim was returning from her grandfather's house when Kumar reportedly lured her to a nearby forest, committing the heinous act. The victim's mother arrived at the scene, prompting Kumar to flee.
The trial, held at the IIIrd Additional Sessions Judge, Jammu, concluded with Kumar's conviction under Sections 376 and 341 of the Ranbir Penal Code (RPC), imposing a 12-year rigorous imprisonment sentence and a fine of Rs. 50,000. Kumar appealed against the trial court's decision, seeking acquittal.
The appellate court, comprising Justices Sanjeev Kumar and Sanjay Parihar, thoroughly reviewed the evidence and testimonies. The victim's consistent account was deemed credible, supported by medical evidence indicating recent sexual activity, despite the absence of seminal stains due to delayed examination.
Kumar's defense argued that the case was an attempt to rape rather than rape, citing minor inconsistencies in the victim's testimony. They claimed false implication due to a land dispute between Kumar and the victim's family, which the court found baseless.
The High Court, referencing established legal precedents, reiterated that even partial penetration suffices for a rape conviction under Section 375 IPC. It dismissed the defense's assertion that the trial court erred in altering the charge from attempted rape to rape, emphasizing that the victim's testimony and medical findings substantiated the offense.
Considering mitigating circumstances, including Kumar's marriage and the prolonged pendency of the appeal, the court reduced the imprisonment term but enhanced the fine, with a substantial portion allocated as compensation to the victim, now an adult.
The High Court's judgment underscores the judiciary's commitment to upholding justice in cases of sexual assault, emphasizing the credibility of victim testimonies even without corroboration. Kumar has been directed to surrender and serve the revised sentence, marking a closure to a long-standing legal battle.
Sanjay Kumar v. State of J&K, (Jammu And Kashmir)(DB) : Law Finder Doc Id # 2780880
