The side of delay in lodging grievance in rape instances can’t be appreciated in summary, nor can or not it’s thought of dehors the attendant circumstances, Bombay excessive courtroom noticed whereas upholding the life time period handed all the way down to a 58-year-old slum dweller from Vasai for raping his minor daughter for a few 12 months.
“In a prosecution for rape, delay in lodging the report by itself is not fatal to the prosecution,” stated the bench of justice Sadhana Jadhav and justice NJ Jamadar final week, including “nor can the delay in lodging the FIR be used as a ritualistic formula to throw the prosecution overboard.”
The bench stated if a proof for delay (in lodging FIR) is obtainable, the courtroom has to look at whether or not it’s passable or not. It refused to simply accept the argument on behalf of the Vasai resident that the belated grievance belied the survivor’s testimony that she was sexually assaulted by her personal father.
The court stated within the case at hand, the lady had affirmed that she was threatened of dying and although she tried to purpose together with her father, he continued to use her. “The victim was a girl of tender age,” stated the bench. “Apart from the accused, there was nobody in her life to whom the victim could look up to.”
On November 7, 2014, the survivor, who was 15 previous on the time, had approached the native police in Vasai with two native ladies. Her mom, she informed police, had left them and she or he was residing in a slum pocket in Vasai west alongside together with her father and a six-year-old brother. She alleged that her father had been raping her for a few 12 months after tying her fingers and legs and gagging her mouth by a material. She claimed she couldn’t reveal her ordeal to anybody as her father had threatened to kill her and her brother as effectively.
On December 20, 2016, an extra periods choose convicted the 58-year-old and sentenced him to life imprisonment. He had then moved the hight courtroom, difficult his conviction and the life time period handed all the way down to him.
It was additionally argued on his behalf that within the absence of corroboration to the testimony of the survivor, the conviction was legally unsustainable. In this regard, it was argued that the prosecution might have examined some instant neighbours, who would have had the chance to note the ordeal allegedly confronted by the survivor for nearly a 12 months, or the ladies who accompanied her to the police station for lodging grievance.
The courtroom refused to simply accept the rivalry, observing that the place testimony of the sufferer evokes confidence, that, by itself, might be the only real foundation for convicting the accused.
“The failure of the prosecution to examine immediate neighbours is of little significance,” stated the bench. “The victim has deposed to her helpless condition and the methods adopted by the accused to prevent her from raising alarms. To her misfortune, her prime protector preyed on her as sexual predator. The neighbours would hardly suspect that the accused would ravish the victim in the manner deposed to by the victim.”
The excessive courtroom additionally dominated out the chance that the 58-year-old might have been falsely implicated on the behest of a slum lord — one of many ladies who accompanied the minor to police station for lodging the grievance — with a purpose to seize his shanty.
“The tussle over occupancy rights of a room in a slum area, in a metropolis like Mumbai, is not uncommon,” the bench stated. “It does not, however, appeal to human credulity that the victim would depose against her father at the instance of third person, who was bent on grabbing her house.”