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

Modi’s Israel visit strengthened Pakistan’s hand in US–Iran truce: Ex-Indian diplomat

By Jag Jivan   M. K. Bhadrakumar , a career diplomat with three decades of service in postings across the former Soviet Union, Pakistan, Iran, Afghanistan, South Korea, Sri Lanka, Germany, and Turkey, has warned that the current truce in the US–Iran war is “fragile and ridden with contradictions.” Writing in his blog India Punchline , Bhadrakumar argues that while Pakistan has emerged as a surprising broker of dialogue, the durability of the ceasefire remains uncertain.

Incarceration of Prof Saibaba 'revives' the question: What is crime, who is criminal?

By Kunal Pant* In 2016, a Supreme Court Judge asked the state of Maharashtra, “Do you want to extract a pound of flesh?” The statement was directed against the state for contesting the bail plea of Delhi University Professor GN Saibaba. Saibaba was arrested in 2014, a justification for which was to prevent him from committing what the police called “anti-national activities.”

Why Indo-Pak relations have been on 'knife’s edge' , hostilities may remain for long

By Utkarsh Bajpai*  The past few decades have seen strides being made in all aspects of life – from sticks and stones to weaponry. The extreme case of this phenomenon has been nuclear weapons. The menace caused by nuclear weapons in the past is unforgettable. Images of Hiroshima and Nagasaki from 1945 come to mind, after the United States dropped two atomic bombs on the cities.

Food security? Gujarat govt puts more than 5 lakh ration cards in the 'silent' category

By Pankti Jog* A new statistical report uploaded by the Gujarat government on the national food security portal shows that ensuring food security for the marginalized community is still not a priority of the state. The statistical report, uploaded on December 24, highlights many weaknesses in implementing the National Food Security Act (NFSA) in state.

Manufacturing, services: India's low-skill, middle-skill labour remains underemployed

By Francis Kuriakose* The Indian economy was in a state of deceleration well before Covid-19 made its impact in early 2020. This can be inferred from the declining trends of four important macroeconomic variables that indicate the health of the economy in the last quarter of 2019.

The soundtrack of resistance: How 'Sada Sada Ya Nabi' is fueling the Iran war

​ By Syed Ali Mujtaba*  ​The Persian track “ Sada Sada Ya Nabi ye ” by Hossein Sotoodeh has taken the world by storm. This viral media has cut across linguistic barriers to achieve cult status, reaching over 10 million views. The electrifying music and passionate rendition by the Iranian singer have resonated across the globe, particularly as the high-intensity military conflict involving Iran entered its second month in March 2026.

Lata Mangeshkar, a Dalit from Devdasi family, 'refused to sing a song' about Ambedkar

By Pramod Ranjan*  An artist is known and respected for her art. But she is equally, or even more so known and respected for her social concerns. An artist's social concerns or in other words, her worldview, give a direction and purpose to her art. History remembers only such artists whose social concerns are deep, reasoned and of durable importance. Lata Mangeshkar (28 September 1929 – 6 February 2022) was a celebrated playback singer of the Hindi film industry. She was the uncrowned queen of Indian music for over seven decades. Her popularity was unmatched. Her songs were heard and admired not only in India but also in Pakistan, Bangladesh and many other South Asian countries. In this article, we will focus on her social concerns. Lata lived for 92 long years. Music ran in her blood. Her father also belonged to the world of music. Her two sisters, Asha Bhonsle and Usha Mangeshkar, are well-known singers. Lata might have been born in Indore but the blood of a famous Devdasi family...

'Batteries now cheap enough for solar to meet India's 90% demand': Expert quotes Ember study

By A Representative   Shankar Sharma, Power & Climate Policy Analyst, has urged India’s top policymakers to reconsider the financial and ecological implications of the country’s energy transition strategy in light of recent global developments. In a letter dated April 10, 2026, addressed to the Union Ministers of Finance, Power, New & Renewable Energy, Environment, Forest & Climate Change, and the Vice Chair of NITI Aayog, with a copy to the Prime Minister, Sharma highlighted concerns over India’s ambitious plans for coal gasification and the Prototype Fast Breeder Reactor (PFBR).

Labour unrest in Manesar trigger tensions: Recently enacted labour codes blamed

By A Representative   A civil rights coalition has expressed concern over recent developments in the industrial hub of Manesar in Haryana, where a series of labour actions and police responses have drawn attention. A statement, released by the Campaign Against State Repression (CASR), said it stood in solidarity with workers in IMT Manesar and other parts of the country, while also alleging instances of police excess during ongoing unrest.