Delhi HC upholds man's life term awarded for raping six-and-a-half-year-old girl in 2012

New Delhi: The Delhi High Court has upheld the conviction and life sentence awarded to a man for kidnapping and raping a six-and-a-half-year-old girl, saying the child has given a natural and detailed narration of the events which had taken place with her.

The high court said the minor has also clearly stated the manner in which the man caused her injuries by giving cigarette burns on her stomach and hitting her head with a stone.

“The court is competent enough to sift the chaff from the grain and on perusal of the testimony of prosecution witness 4 (victim child), it is clear that she has given a natural and detailed narration of the events which has taken place with her, the victim has also clearly stated the manner in which the appellant caused injuries to her,” a bench of Justices Siddharth Mridul and Rajnish Bhatnagar said.

The bench said it was of the opinion that the child's testimony was creditworthy and reliable and it has no hesitation in coming to the conclusion that it is the appellant man and none else who has perpetrated the alleged crime on the minor victim.

“It cannot be ignored that the victim on the date of the incident was a child of six and a half years and there are bound to be some variations in her statement. No witness is expected to narrate in a parrot-like manner and even the non-narration in a parrot-like manner gives credence to the testimony of the witnesses. So, we find nothing in the testimony of the victim to discard the same. The testimony of the victim finds support from the medical evidence on record,” the bench said in its judgement.

The high court's verdict came on an appeal filed by the man challenging his conviction and sentence awarded by the trial court for the offences under sections 363 (kidnapping), 376 (punishment for rape), and 308 (attempt to commit culpable homicide not amounting to murder) of the Indian Penal Code (IPC). He was awarded life imprisonment by the trial court.

The high court upheld the man's conviction for the offences of kidnapping and rape but acquitted him of the charge of attempt to commit culpable homicide not amounting to murder and instead convicted him for causing simple injuries to the child.

“As far as the offence of rape committed by the appellant is concerned, the prosecution has been able to prove the same beyond a reasonable doubt,” it said, adding that there was no infirmity in the trial court's 2019 judgement.

The incident had taken place on the night of February 24, 2012, when the convict Parsu Ram along with one other had kidnapped the minor from her house in Kirti Nagar here. The man raped the minor and also inflicted injuries on her, the prosecution had said.

The man had challenged his conviction and sentence on the ground that there were contradictions in the statements given by the girl and she had given different versions, therefore, she was not a reliable witness.

He also contended that there was an unexplained delay in lodging the FIR by the girl's parents as it was lodged after due deliberation and consultation in order to falsely implicate the appellant.

However, the high court held it cannot be said that the FIR was lodged after a delay which is fatal to the prosecution story, and added that the reason for registering the FIR a day after the incident was explained by the victim's parents as well as the prosecution.