Delhi High Court upholds conviction, life sentence of man for rape of 1-year-old niece

While noting the alarming rise in the number of sexual offences against minors, the Delhi High Court on Tuesday upheld the conviction and life sentence of a man for the rape of his 1-year-old niece in December 2012 [Bagender Manjhi v. State (Govt. of NCT) Delhi]..A division bench of Justices Siddharth Mridul and Anup Jairam Bhambhani said that rape is abhorrent not only against the victim, but also for the society at large."The offences against minors, more particularly sexual assault are increasing alarmingly and it is, therefore, necessary for the courts to imbibe the legislative wisdom. The plight of a victim and the shock suffered can be felt instinctively; as the victim of rape is left devastated by the traumatic experience, as well as an unforgettable shame; being haunted by the memory of the horrific experience forcing her into a state of terrifying melancholia," the judgment stated..The torment of the victim has the potential to corrode the poise and equanimity of any civilized society, the Court said, adding that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female..The Bench was hearing an appeal filed by the convict challenging an October 2019 judgment passed by a special court in Saket convicting him under charges of rape and relevant provisions of the Protection Of Children from Sexual Offences (POCSO) Act. .While doing so, it refused to accept the arguments of the defence which highlighted some discrepancies in the statements of some witnesses. It was held that such normal discrepancies do occur in the depositions of the witnesses owing to shock and horror at the time of the incident. .The judges stressed on the fact that that the victim in the instant case was a year old."Nothing can be more heinous than a crime committed on a child. It is trite to state that it is necessary for the Courts to have a sensitive approach when dealing with cases of child rape. The effect of such a crime on the mind of the child is likely to be lifelong," the judgment stated..A special safeguard, the Bench said, has been provided for children under Article 39 of the Constitution of India, which stipulates that the State shall ensure that the tender age of children is not abused, and that childhood and youth are protected against exploitation and against moral and material abandonment. With these observations, the Bench upheld the decision of the special court and dismissed the appeal. .Advocate Chetan Lokur appeared for the appellant. Additional Public Prosecutor Ashish Dutta represented the State. .[Read Judgment]