Offences of sexual assault against minors are increasing alarmingly making it necessary for the courts to imbibe legislative wisdom, the Delhi High Court has observed while upholding life imprisonment awarded to a man for raping his one-year-old niece here.
The high court said nothing can be more heinous than a crime committed on a child and it is necessary for the courts to have a sensitive approach while dealing with such cases.
A bench of justices Siddharth Mridul and Anup Jairam Bhambhani said 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.
It said the victim is being haunted by the memory of the horrific experience forcing her into a state of terrifying melancholia and the torment on her has the potential to corrode the poise and equanimity of any civilised society.
“There is no gainsaying that rape is a heinous crime, not only abhorrent as against the victim but also against society at large. The offences against minors, more particularly sexual assault are increasing alarmingly and it is, therefore, necessary for the courts to imbibe legislative wisdom… .
"It has been correctly said that whereas a murderer destroys the physical frame of a victim, a rapist degrades and defiles the soul of a helpless female,” the bench said in its judgment, adding that the effect of such a crime on the mind of the child is likely to be lifelong.
The high court dismissed a man's appeal challenging his conviction and life sentence awarded by a trial court for the offence of sexually assaulting his niece and said the prosecution has established the guilt of the appellant beyond a reasonable doubt.
“Consequently, neither the conviction nor the sentence awarded to the appellant by the trial court warrants any modification. Resultantly, the judgment and order on conviction dated October 11, 2019 and the order on sentence dated October 31, 2019 are both hereby upheld,” it said.
According to the prosecution, the incident occurred in December 2012 when the man took his niece outside for a stroll and sexually assaulted her in his house.
On hearing the child's cries, her parents rushed and found her injured.
The high court rejected the contention of the convict that the minor's parents had some motive in framing him for the commission of such a heinous crime.
“It is clear that the defence raised by the appellant that he has been falsely implicated in the case by prosecution witness 1 (mother of the prosecutrix) and prosecution witness 2 (father of the prosecutrix), is a mere after-thought.
"The parents' testimony is credible and inspires confidence as they were witnesses to the commission of the offence being present at the relevant time," it said.
The bench also referred to a previous judgment of the Supreme Court in which it was stated that a special safeguard has been provided for children in Article 39 of the Constitution.
It stipulates that the State shall, in particular, direct its policy towards securing that the tender age of the children is not abused and that children are given the environment, opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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