Rape of minor girl: SC upholds HC judgement
A 13-year-old minor girl was raped, Strangely, the medical certificate was not before the trial court. The prosecution did not examine the doctor as well as the investigating offier, the crucial witnesses in such cases.
Yet, the Supreme Court upheld the judgments of the trial court and the High Court that found the accused guilty.
Though there are discrepancies in the evidence given by the victim, that can be ruled out since it is well settled that her uncorroborated testimony can be accepted if it is beyond reproach, said the Supreme Court.
The Supreme Court meticulously examined the evidence tendered by her and drew the conclusion that the circumstances have given weight to her stand that she was raped by three persons and that it is not possible to discredit her testimony. The incident took place in Hajipur, Bihar and the sessions court gave ten years of rigorous imprisonment which was upheld by the Patna High Court, One of the accused, Ram Rai, had challenged it in the Supreme Court. However, it was turned down. The Court however reduced his sentence to eight years.
At the time when she was raped, she was only thirteen years old. She was alone and she was raped when she went out. The Supreme Court said that her evidence is not wholly inconsistent with her earlier statements. The circumstances are so telling that she was raped though strangely there was no medical certificate and the doctor was not examined by the prosecution.