Skip to main content

Gujarat High Court turns down "benefit of doubt" given to man accused of attempting to rape three year old girl

By A Representative
In an important judgment of far-reaching significance, the Gujarat High Court has refused to give benefit of doubt to a 30-year-old person accused of attempting to rape a three-year-old girl because the child could not identify genital organ before the investigators. Even as finding the accused, belonging to village Baska in Panchmahals district, guilty molesting the girl with finger, the sessions court had ruled that it was not rape.
High Court judges Ravi R Tripathi and Sonia Gokani did not find the sessions court view tenable, ruled that "in the fitness of things", awarded the accused imprisonment of seven years for the offence punishable under section 376 read with Section 511 of IPC (attempt to rape). Asking the rapist to pay a fine of Rs. 5,000, of which Rs 3,000 be paid as compensation to the victim, court also directed Gujarat government to to work out state compensation payable to her.
The judgment was delivered on May 4.
The incident dates back to October 4, 2011, when the three-year-old daughter of a poor single woman, abandoned by her husband, was sought to be raped. On that date, like earlier, the mother went to the market leaving her to Nayanaben, wife of Pratapsinh Lalsinh Rathod. In the evening, when complainant was bathing the girl, she noticed redness and swelling on her private parts. The child told her mother that Rathod  inserted his finger-like thing in her private parts.
The daughter was unable to pass urine and complained of severe pain in stomach. The mother talked over with neighbouring women, and on the next day, went to Halol Police Station to file a complaint. The referral hospital in Halol transferred the girl immediately to the SSG Hospital at Vadodara, where she was admitted as an indoor patient for 10 days.
Later, the girl was taken for counseling for her mental trauma to the Child Guidance Clinic and the Indian Council of Social Welfare in Vadodara. On hearing Rathod's side, the sessions court convicted the accused under 354 IPC (assault or criminal force to woman with intent to outrage her modesty) and sentenced him to undergo rigorous imprisonment for just two years.
Finding the punishment lenient, and considering it a case of attempted rape, advocate Shilpa Shah, appearing for the state, said the sessions court "ought to have appreciated the limitation of the young girl who was barely three years old and who would have no clue with regard to the male genital."
The sessions court called it a "case of outraging the modesty of a woman" because of "insufficient expression" on the part of the small girl. Disputing this, Shah said, the "only ground of acquittal is because the victim has stated that it was insertion of the finger, where in fact, what she stated was finger like."

The mother, said Shah, had already stated that "the daughter had told her that the Anchal’s father had put finger with nicker (“chaddi wali angli”) in her urinary track", adding, she had told about this to her maternal aunt, Khairunisa Shaikh, who she trusts most.
Shah further said, "A male genital to which a child is unfamiliar with is described as a 'finger with knicker'. Had it been merely the act of fingering, child would not make it complicated in its expression. Such expression coupled with other oral evidences lead to the conclusion that the prosecution succeeded in proving that the accused of attempting rape.”
The High Court in its order said the testimony of the single mother was "unimpeachable". Then, there was the evidence of thematernal aunt and other neighbours, which do not indicate anywhere any previous enmity or any other motive between the accused and the victim's family. It added, "No mother would like her child to undergo any adverse publicity on account of such incident."

Comments

TRENDING

US-China truce temporary, larger trade war between two economies to continue

By Prabir Purkayastha   The Trump-Xi meeting in Busan, South Korea on 30 October 2025 may have brought about a temporary relief in the US-China trade war. But unless we see the fine print of the agreement, it is difficult to assess whether this is a temporary truce or the beginning of a real rapprochement between the two nations. The jury is still out on that one and we will wait for a better understanding of what has really been achieved in Busan.

Mergers and privatisation: The Finance Minister’s misguided banking agenda

By Thomas Franco   The Finance Minister has once again revived talk of merging two or three large public sector banks to make them globally competitive. Reports also suggest that the government is considering appointing Managing Directors in public sector banks from the private sector. Both moves would strike at the heart of India’s public banking system . Privatisation undermines the constitutional vision of social and economic justice, and such steps could lead to irreversible damage.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

Political misfires in Bihar: Reasons behind the Opposition's self-inflicted defeat

By Vidya Bhushan Rawat*  The Bihar Vidhansabha Election 2025 verdict is out. I maintained deliberate silence about the growing tribe of “social media” experts and their opinions. Lately, these do not fascinate me. Anyone forming an opinion solely on the basis of these “experts” lives in a fool’s paradise. I do not watch them, nor do I follow them on Twitter. I stayed away partly because I was not certain of a MahaGathbandhan victory, even though I wanted it. But my personal preference is not the issue here. The parties disappointed.

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Shrinking settlements, fading schools: The Tibetan exile crisis in India

By Tseten Lhundup*  Since the 14th Dalai Lama fled to India in 1959, the Tibetan exile community in Dharamsala has established the Central Tibetan Administration (CTA) as the guardian of Tibetan culture and identity. Once admired for its democratic governance , educational system , and religious vitality , the exile community now faces an alarming demographic and institutional decline. 

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...