HC upholds life term to rape accused

Legal Correspondent

Shimla, September 10

The HP High Court has refused to interfere in the conviction awarded by the Special Judge, Kullu, whereby he had awarded life imprisonment to a rape accused.

As per the prosecution, prosecutrix was a student of class VIII. She was 13-years old when the crime was committed. She had lost her parents and was residing at her maternal grandfather’s house with her elder sister at Bashkola village in Kullu.

Accused Fateh Chand was her maternal uncle and committed the crime. It was known that once the prosecutrix had gone to the jungle to bring wood, the accused came and forcibly took her in a room and raped her. He threatened her not to disclose the matter to anybody.Thereafter, on many occasions the accused came to their house and raped her. It was later found that the girl was pregnant when she developed a stomach-ache and went to Patli-Kuhal Hospital. Her sister contacted the child helpline and an FIR was registered on December 25, 2012.

It was further alleged that the police got her medically examined. It transpired during the medical examination that she was five months pregnant. She also clarified that the accused had been raping her. After investigation and completing all formalities, a challan was put up in the High Court.

The accused was convicted under Sections 376 and 506 IPC and Section 6 of the Prevention of Children from Sexual Offences Act, 2012, to undergo life imprisonment. While dismissing the appeal filed by the accused, a division bench comprising Justice Rajiv Sharma and Justice Sureshwar Thakur observed that the accused being maternal uncle, instead of protecting the orphan had indulged in a heinous crime by repeatedly raping her. Delay in lodging an FIR has been duly explained by the prosecution. The prosecutrix was a minor and she did not know the consequences. The prosecution has fully proved its case against the accused.