Man gets lifer in a month for raping minor

In a swift judgement, a man was today sentenced to life imprisonment by a court here for raping a five-year-old girl at Singhaul village in Begusarai district last month.
Begusarai Sessions Judge Parshuram Shukla sentenced Pappu Tanti to life imprisonment and imposed Rs 20,000 as fine on him for raping the minor on April 10.

The victim’s father lodged a case on April 15 following which Tanti was arrested from Kanpur on May 2.

The accused was produced before the Begusarai court on May 3 and chargesheet against him was submitted the very next day.

The court held hearings on a daily basis and pronounced the quantum of punishment this afternoon after holding him guilty yesterday.

HC upholds man’s 10 yr-jail term for raping minor

The Delhi High Court has upheld 10-year jail term awarded by a trial court to a man for raping his neighbour’s minor daughter seven years ago.

Dismissing the appeal of Udai Shankar Kumar, a resident of Mehrauli area, Justice G P Mittal upheld the trial court’s verdict against him.

“There is no error or infirmity in the impugned judgement,” according to the court, dismissing Kumar’s appeal.

The high court also rejected the convict’s argument that the victim’s parents had borrowed Rs 10,000 from him and when he had demanded it back, they had falsely implicated him.

Rejecting the testimony of defence witness (a woman neighbour) that Kumar had lent the money to victim’s parents but the transaction did not take place in her presence, the court said, “… In the circumstances, the defence version that the appellant (Kumar) was falsely implicated because of non-return of the loan amount is not believable.”

“Although, defence witness 1 (DW1) was examined by Kumar …Yet in her cross-examination, she was candid enough to admit that the loan was not given in her presence.

“Thus, DW1’s testimony was only a hear-say evidence and was, therefore, rightly discarded by the trial court. Otherwise also, it is difficult to believe that prosecutrix’s parents would level false allegation of rape of their daughter against him,” according to the court.

“The Court has to be conscious of the fact that the rape was committed on a child aged about eight years. The parents of the child are not only concerned about the reputation of their family, but also about the marriage of the child in due course….,” the court said.

The high court also rejected convict’s argument on the ground of delay in registration of the FIR saying “….I do not find that the delay in the instant case creates any doubt in the prosecution version”.

According to the prosecution, Kumar had raped the eight- year-old girl, his neighbour’s daughter, when her parents were away for work on March 23, 2006.

In February 2009, the trial court had held Kumar guilty and sentenced him to 10-year jail term for the offence.

Three sentenced to 10 years in jail for rape

Three person has been awarded ten years jail by a local court for the rape of a college student in 2011

D Saikumar, D Krishna and Mohammad Ghouse were sentenced by a sessions court in neighbouring Ranga Reddy district, while three others were acquitted.

A Bed student was gang-raped near Shamirpet, on the outskirts of Hyderabad, in May 2011.

The victim was on her way to her village when the accused, all of them auto-rickshaw drivers, offered her lift in a rickshaw and took her to an isolated spot and raped her.

Man gets 8 years RI for abduction, rape of minor

Eight years of rigorous imprisonment has been awarded by the Delhi High Court to a man who has been sentenced to an abduction-cum-rape case, which termed the minor victim’s testimony as “consistent” and “truthful”.

The special fast track court, constituted to try cases of sexual offence against women, also imposed a fine of Rs 20,000 on Rakesh, a resident of Jaunpur in Uttar Pradesh.

“While considering and analysing the entire prosecution evidence, this court has come to the conclusion that all the oral, circumstantial and scientific evidence has proved that the accused Rakesh committed offence of kidnapping/abduction or inducing a woman to compel her marriage, etc and committed sexual intercourse with the prosecutrix forcibly against her will,” additional sessions judge TR Naval said.

The judge said out of the fine amount, Rs 10,000 will be paid to the victim as compensation.

According to police, an FIR was lodged by the girl’s mother alleging that when they had returned home here on September 23, 2006, their 15-year-old daughter was not present and they later came to know that their neighbour Rakesh had taken her with him. Police arrested Rakesh near New Delhi railway station and rescued the girl from him.

The girl had told the court that on September 23, 2006, Rakesh came to her house when her parents were not there and told her to accompany him to his village on the pretext that he would take her to various places.

Rakesh took her to his village and raped her, she said, adding that on her insistence, he brought her to Delhi where police arrested him.

During the trial, Rakesh said that on September 23, 2006, the girl had arrived at his factory at Vishwas Nagar here and thereafter they went to his village in Uttar Pradesh.

The defence counsel argued the girl’s statement was not reliable and Rakesh was falsely implicated in the case. The court, however, held Rakesh had admitted that he went with the girl and was apprehended by police when she was with him.

It rejected the submission of the defence counsel saying there was no evidence on record to show any motive or reason for the girl to depose falsely against Rakesh.

“I find that her (victim) testimony is consistent and beyond creating any reasonable suspicion and shadow of doubt in the truthfulness of her testimony. Similarly, there is no inconsistency in the statement made before this court and the statement given by the prosecutrix before the police,” according to the judge.

False rape allegation can cause equal damage to accused: HC

False allegation of rape can cause the same humiliation and distress to an accused which a rape victim undergoes, the Delhi High Court has said and highlighted the need to guard against such implication.
“It is true that rape causes the greatest distress and humiliation to the victim but at the same time a false allegation of rape can cause equal distress, humiliation and damage to the accused as well. The accused must also be protected against the possibility of false implication,” Justice S P Garg said while letting off a man accused of rape.

Allowing the plea of Surender Kumar, sentenced to seven- year imprisonment by a trial court for allegedly raping his sister-in-law, the court said, “In the present case, the story projected by the prosecutrix is so improbable that it cannot be believed.”

The judge took note of the fact that the woman had taken 42 days in lodging the FIR against Kumar and also did not get herself medically examined.

“The prosecutrix did not give plausible explanation for not lodging the report with police promptly,” according to the court.

The judge also set aside the trial court’s order convicting the woman’s husband Ganga Sharan on the charge of criminal intimidation.

“I am of the considered view that the prosecution was unable to prove the guilt of the appellants (Sharan and Kumar) beyond reasonable doubt. The appellants deserve benefit of doubt. Conviction and sentence of the appellants are set aside. The appeal is allowed and the appellants are acquitted,” the court also said.

According to the prosecution, the woman got married to Sharan in 1993 but due to differences she had a strained relationship with him and her in-laws.

She had alleged that when she was alone in her house, her brother-in-law had raped her on January 5, 2000 after which both her husband and Kumar had threatened her.

On May 26, 2001, the trial court had acquitted her husband from the charges of rape but convicted him for the charge of criminal intimidation. The lower court, however, had given seven-year jail to Kumar for the charge of rape under Section 376 of IPC.