Supreme Court Reverses Acquittal in 40-Year-Old Rape Case
NEW DELHI: The Supreme Court has reversed the acquittal of an individual involved in a 40-year-old rape case, emphasizing that the silence of a minor girl during testimony cannot be interpreted as an indication of the accused’s innocence. The court expressed strong disapproval of the Rajasthan High Court’s insensitivity in acquitting the accused, who had been sentenced to seven years in prison by the trial court in 1987 for the rape of a minor.
Court Critiques High Court’s Judgment
The Supreme Court criticized the Rajasthan High Court for taking 26 years to decide the appeal, culminating in a brief six-page judgment. The appeal from the Rajasthan government, initiated in 2013, was finally addressed by the Supreme Court after a lengthy period, highlighting the disparities in case resolution timelines between trial courts and constitutional courts.
Understanding the Silence of the Victim
During cross-examination, the trial judge noted that the child victim did not provide any details about the incident and simply shed tears in silence when questioned. The High Court erroneously used this silence as a basis for acquitting the accused. Justice Sanjay Karol, writing for the Supreme Court, clarified that such silence reflects the trauma experienced by the child and should not benefit the accused.
Justice Karol stated, “This silence cannot accrue to the benefit of the accused. It would be unfair to burden her young shoulders with the weight of the entire prosecution.” The court examined medical and circumstantial evidence, which strongly indicated the accused’s guilt.
Conclusion
The Supreme Court ultimately upheld the conviction of Chhatra, now over 60 years old, directing him to surrender within four weeks to serve his sentence. This case underscores the importance of sensitive handling of child testimony in legal proceedings.
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