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 Our 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

Junk food push causing severe public health crisis of obesity, diabetes in India: Report

By Rajiv Shah  A new report , “The Junk Push: Rising Consumption of Ultra-processed foods in India- Policy, Politics and Reality”, public health experts, consumers groups, lawyers, youth and patient groups, has called upon the Government of India to check the soaring consumption of High Fat Sugar or Salt (HFSS) foods or ultra-processed foods (UPF), popularly called junk food.

Insider plot to kill Deendayal Upadhyay? What RSS pracharak Balraj Madhok said

By Shamsul Islam*  Balraj Madhok's died on May 2, 2016 ending an era of old guards of Hindutva politics. A senior RSS pracharak till his death was paid handsome tributes by the RSS leaders including PM Modi, himself a senior pracharak, for being a "stalwart leader of Jan Sangh. Balraj Madhok ji's ideological commitment was strong and clarity of thought immense. He was selflessly devoted to the nation and society. I had the good fortune of interacting with Balraj Madhok ji on many occasions". The RSS also issued a formal condolence message signed by the Supremo Mohan Bhagwat on behalf of all swayamsevaks, referring to his contribution of commitment to nation and society. He was a leading RSS pracharak on whom his organization relied for initiating prominent Hindutva projects. But today nobody in the RSS-BJP top hierarchy remembers/talks about Madhok as he was an insider chronicler of the immense degeneration which was spreading as an epidemic in the high echelons of th

Astonishing? Violating its own policy, Barclays 'refinanced' Adani Group's $8 billion bonds

By Rajiv Shah  A new report released by two global NGOs, BankTrack and the Toxic Bonds Network, has claimed to have come up with “a disquieting truth”: that Barclays, a financial heavyweight with a “controversial” track record, is deeply entrenched in a “disturbing” alliance with “the Indian conglomerate and coal miner Adani Group.”

Modi govt intimidating US citizens critical of abuses in India: NY Christian group to Biden

Counterview Desk  the New York Council of Churches for its release of an open letter calling on the Biden administration to “speak out forcefully” against rising Hindu extremist violence targeting Christians and other minorities in India. In the letter addressed to President Biden, Secretary of State Antony Blinken, and other major elected officials, the NY Council of Churches expressed "grave concern regarding escalating anti-Christian violence" throughout India, particularly in Manipur, where predominantly Christian Kuki-Zo tribals have faced hundreds of violent attacks on their villages, churches, and homes at the hands of predominantly Hindu Meitei mobs.

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

Nalanda mahavihara By Our Representative 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".

Link India's 'deteriorating' religious conditions with trade relations: US policymakers told

By Our Representative  Commissioners on the United States Commission on International Religious Freedom (USCIRF) raised concerns about the “sophisticated, systematic persecution” of religious minorities by the government of Prime Minister Narendra Modi at a hearing on India in Washington DC.

Green revolution "not sustainable", Bt cotton a failure in India: MS Swaminathan

MS Swaminathan Counterview Desk In a recent paper in the journal “Current Science”, distinguished scientist PC Kesaven and his colleague MS Swaminathan, widely regarded as the father of the Green Revolution, have argued that Bt insecticidal cotton, widely regarded as the continuation of the Green Revolution, has been a failure in India and has not provided livelihood security for mainly resource-poor, small and marginal farmers. Sharply taking on Green Revolution, the authors say, it has not been sustainable largely because of adverse environmental and social impacts, insisting on the need to move away from the simplistic output-yield paradigm that dominates much thinking. Seeking to address the concerns about local food security and sovereignty as well as on-farm and off-farm social and ecological issues associated with the Green Revolution, they argue in favour of what they call sustainable ‘Evergreen Revolution’, based on a ‘systems approach’ and ‘ecoagriculture’. Pointing ou

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Jharkhand: Attempt to create red scare for 'brutal crackdown', increase loot of resources

Counterview Desk  The civil rights group Forum Against Corporatization and Militarization in a statement on plans to crackdown on “64 democratic progressive organisations” in Jharkhand under the pretext of the need to investigate their Maoist link, has alleged that this an attempt to suppress dissent against corporate loot and create an authoritarian state.