2 days ago
Gauhati High Court Upholds CRPF Personnel's Rape Conviction Despite Delay
The Gauhati High Court reviewed a rape conviction involving a CRPF personnel and a 21-year-old woman.
The woman knew the accused’s family well and called him uncle.
Prosecutors said he assaulted her after a birthday celebration in 2021.
She was quiet for several days because she was distressed and afraid to tell her parents.
She later disclosed the allegation after trying to take her own life.
The court said her testimony was believable and supported by other evidence.
It said a lack of physical injuries did not automatically disprove the allegation.
The court therefore upheld the 10-year prison sentence and fine.
The Gauhati High Court upheld a CRPF personnel’s conviction for raping a 21-year-old woman in 2021.
The court found her testimony credible despite no medical evidence of injuries or recent sexual intercourse.
The woman delayed reporting the alleged assault because of her family’s close relationship with the accused.
Her cousin, parents and other witnesses supported parts of the prosecution’s account and surrounding circumstances.
The trial court had imposed 10 years’ rigorous imprisonment and a Rs 10,000 fine in June 2022.
- Who
- A CRPF personnel was convicted in connection with the alleged rape of a 21-year-old woman.
- What
- The Gauhati High Court upheld his conviction under Section 376 of the IPC and his sentence of 10 years’ rigorous imprisonment plus a Rs 10,000 fine.
- Where
- The alleged assault occurred after a birthday celebration, when the accused’s car was diverted to an isolated area.
- When
- The alleged assault occurred in 2021; the trial court convicted him in June 2022, and the High Court ruling was issued on August 28.
- Why
- The court found the woman’s testimony credible and said her delayed disclosure was explained by mental trauma and her close relationship with the accused’s family.
Court and Prosecution View
Defence View
Credibility of testimony
Court and Prosecution View
The court held that the woman’s testimony was credible and supported by her cousin, parents, other witnesses and surrounding circumstances.
Defence View
The defence argued that her testimony contained inconsistencies and should not be relied upon.
Delay in reporting
Court and Prosecution View
The court said her silence for several days was understandable because of mental trauma and the family’s cordial relationship with the accused.
Defence View
The defence cited the delay in lodging the FIR as a reason to challenge the prosecution’s case.
Medical evidence
Court and Prosecution View
The court held that the absence of injuries or signs of recent sexual intercourse did not by itself disprove the allegation.
Defence View
The defence argued that the medical examination found no injuries or evidence of recent sexual intercourse.
Key facts
- Accused
- A Central Reserve Police Force personnel
- Victim
- A 21-year-old woman
- Alleged incident
- 2021, after the accused’s son’s birthday celebration
- Trial verdict
- Conviction in June 2022
- Sentence
- 10 years’ rigorous imprisonment and a Rs 10,000 fine
- High Court finding
- The testimony was credible despite no medical evidence of injuries
- Presiding judge
- Justice Mitali Thakuria
Quotes
Gauhati High Court
The court explaining the victim’s silence and suicide attempt in its ruling
“So she had undergone the mental trauma, and for which she was keeping silent for about 3/4 days and finally had to take such a step to end her life…”
indianexpress.com
Sources
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