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Journalism of Courage
Girls aged around three years are treated as Goddesses in Indian society, a Delhi court said while condemning a minor’s rapist to 12 years rigorous imprisonment for an incident which it described as ‘inhuman’ and ‘unfortunate’.
Rejecting leniency plea of convict Daya Shankar, 28, the court said, “In Indian society where girls of such an age of three years are treated as Goddesses, occurrences as in the present case are very unfortunate and inhuman at the hands of the lusty people.”
“In the instant case, the convict has raped a young female child who is unable to express herself to outsiders except her mother,” Additional Sessions Judge S C Malik said.
Besides the jail term, the court also imposed a fine of Rs 10,000 on Shankar, after holding him guilty of raping a girl who is below 12 years of age under Section 376(2)(f) of the IPC.
During the arguments, the convict challenged the prosecution case contending that the child was not examined and that it was unbelievable that she would have narrated the incident to her mother as deposed by her in the court.
“The child is too young to express herself to outsiders and in such circumstances, there is no other option but to believe the testimony of the victim’s mother as there was no special reason for not believing her,” the court said.
In its judgement, the court also lent credence to deposition of witness Hira Lal — who said that the convict had admitted his guilt after being apprehended on October 4, 2005 — saying that it was an extra-judicial confession.
The police had arrested him after he brought the girl, residing in his neighbourhood at Nand Nagri in north east Delhi, in an injured condition. Her medical report confirmed rape.
