MUMBAI: Observing that no Indian girl will make false rape accusation as if she is found to be false, she would be looked at with contempt through out her life and particularly for unmarried girl, it will be difficult to find a suitable groom, a special POCSO court convicted and sentenced a 21-year-old man to 10 years’ rigorous imprisonment for sexually assaulting his friend, a 16-year-old girl from his neighbourhood, in 2021.
Special judge SM Takalikar said that the victim’s evidence that the accused closed the door, kissed her and sexually assaulted her appears to be reliable and inspires confidence, because in Indian society, a girl would not make such allegations against any person as she is fully aware of the repercussions flowing there from.
“If she is found to be false, she would be looked by the society with contempt through out her life. Particularly for unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl would be extremely reluctant even to admit that any such incident has really been taken place which is likely to reflect on her chastity she would be conscious of the danger of being ostracized by the society,” the judge said.
The girl was among the witnesses examined by special public prosecutor Geeta Malankar.
The judge further said that there is no reason for the victim to depose falsely and to implicate the accused. It was further observed that on the contrary, the accused was good friend of the victim.
“Further, victim had no enmity with the accused. Nothing has been brought on record why she is deposing against the accused. Therefore, the evidence of victim that accused committed rape appears to me reliable and inspires confidence,” the judge said.
The judge also said that even for the sake of argument, it is presumed that there is love affair between the accused and the girl, it did not give him the authority to sexual assault her. “It is not the case of accused that the relationship was consensual. Therefore, mere fact that victim denied love affair does not falsifies her evidence,” the judge said.
The judge said that further her evidence is corroborated by medical evidence.
The accused was also fined Rs 16,000. If the fine amount is recovered, Rs 10,000 will have to be paid to the girl as compensation.
The incident took place on the intervening night of May 10-11, 2021 when the girl left to sleep at her grandmother’s house, which was also in the same neighbourhood. However, when the girl didn’t turn up there, her family began to look for her. The following morning she returned home crying. She told her mother that the accused had called her home and raped her.
Refuting the defence arguments the judge said that while it was true it was a slum area, there was lock down. “No one was allowed to come out of the house. Further, it was midnight. Under such circumstances, even the victim shouted and the neighbours would not come for help does not mean that evidence of victim is not reliable,” the judge said.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
Special judge SM Takalikar said that the victim’s evidence that the accused closed the door, kissed her and sexually assaulted her appears to be reliable and inspires confidence, because in Indian society, a girl would not make such allegations against any person as she is fully aware of the repercussions flowing there from.
“If she is found to be false, she would be looked by the society with contempt through out her life. Particularly for unmarried girl, it will be difficult to find a suitable groom. Therefore, unless an offence has really been committed, a girl would be extremely reluctant even to admit that any such incident has really been taken place which is likely to reflect on her chastity she would be conscious of the danger of being ostracized by the society,” the judge said.
The girl was among the witnesses examined by special public prosecutor Geeta Malankar.
The judge further said that there is no reason for the victim to depose falsely and to implicate the accused. It was further observed that on the contrary, the accused was good friend of the victim.
“Further, victim had no enmity with the accused. Nothing has been brought on record why she is deposing against the accused. Therefore, the evidence of victim that accused committed rape appears to me reliable and inspires confidence,” the judge said.
The judge also said that even for the sake of argument, it is presumed that there is love affair between the accused and the girl, it did not give him the authority to sexual assault her. “It is not the case of accused that the relationship was consensual. Therefore, mere fact that victim denied love affair does not falsifies her evidence,” the judge said.
The judge said that further her evidence is corroborated by medical evidence.
The accused was also fined Rs 16,000. If the fine amount is recovered, Rs 10,000 will have to be paid to the girl as compensation.
The incident took place on the intervening night of May 10-11, 2021 when the girl left to sleep at her grandmother’s house, which was also in the same neighbourhood. However, when the girl didn’t turn up there, her family began to look for her. The following morning she returned home crying. She told her mother that the accused had called her home and raped her.
Refuting the defence arguments the judge said that while it was true it was a slum area, there was lock down. “No one was allowed to come out of the house. Further, it was midnight. Under such circumstances, even the victim shouted and the neighbours would not come for help does not mean that evidence of victim is not reliable,” the judge said.
(The victim’s identity has not been revealed to protect her privacy as per Supreme Court directives on cases related to sexual assault)
