New Delhi, In an unusual verdict, a Delhi court has convicted a man for raping a 12-year-old girl nearly 10 years ago despite the victim's denial saying there was "conclusive evidence" such as DNA and FSL results. Has caught the accused.
Generally, in sexual assault cases, the testimony of the rape victim is considered the main evidence and if the victim gives a clean chit, the accused gets the benefit of doubt and is acquitted.
Additional Sessions Judge Amit Sehrawat, who was hearing the case against the man accused of raping a minor in October 2014, said, "In short, it can be said that although the victim denied the fact that the accused had physical relations with her, establishes the connection, but the truth has been brought on record by the DN and the Forensic Science Laboratory (FSL) result which is a conclusive evidence."
In its order passed on Monday, the court said that the victim in her statements to the doctor, police and magistrate said that the accused established physical relations with her.
In her fourth statement before the court, however, she retracted and did not support the prosecution's case."This Court has generally observed that the victims as well as other public witnesses support the case of the prosecution in their initial statements but during their testimony before the Court they turn hostile and there are several reasons for this. "Maybe, like family." Compromising, threatening or influencing witnesses etc.,” the court said.
The judge said that the duty of the court is to find out the truth and the accused persons cannot be allowed to make fun of the judiciary.
"On the basis of DNA and FSL report, it can be conclusively stated that the accused had established physical relations with the victim and hence his biological samples were also found inside the private parts of the victim," the court said.
It says, “Witnesses may lie but scientific evidence which is conclusive in nature cannot lie and, accordingly, cannot be discarded.,
The court said it was also "conclusive" that the victim did not give a truthful statement because she was influenced or threatened.
"Therefore, the prosecution has proved beyond any reasonable doubt that the accused had established physical relations with the minor victim and, therefore, the accused is guilty of rape punishable under Section 376(2) of the Indian Penal Code (IPC) and Penalties are convicted for the offenses of sexual assault) and Section 4 of the Protection of Children from Sexual Offenses (POCSO) Act (respectively), it said.Arguments on punishment will be heard later.
Generally, in sexual assault cases, the testimony of the rape victim is considered the main evidence and if the victim gives a clean chit, the accused gets the benefit of doubt and is acquitted.
Additional Sessions Judge Amit Sehrawat, who was hearing the case against the man accused of raping a minor in October 2014, said, "In short, it can be said that although the victim denied the fact that the accused had physical relations with her, establishes the connection, but the truth has been brought on record by the DN and the Forensic Science Laboratory (FSL) result which is a conclusive evidence."
In its order passed on Monday, the court said that the victim in her statements to the doctor, police and magistrate said that the accused established physical relations with her.
In her fourth statement before the court, however, she retracted and did not support the prosecution's case."This Court has generally observed that the victims as well as other public witnesses support the case of the prosecution in their initial statements but during their testimony before the Court they turn hostile and there are several reasons for this. "Maybe, like family." Compromising, threatening or influencing witnesses etc.,” the court said.
The judge said that the duty of the court is to find out the truth and the accused persons cannot be allowed to make fun of the judiciary.
"On the basis of DNA and FSL report, it can be conclusively stated that the accused had established physical relations with the victim and hence his biological samples were also found inside the private parts of the victim," the court said.
It says, “Witnesses may lie but scientific evidence which is conclusive in nature cannot lie and, accordingly, cannot be discarded.,
The court said it was also "conclusive" that the victim did not give a truthful statement because she was influenced or threatened.
"Therefore, the prosecution has proved beyond any reasonable doubt that the accused had established physical relations with the minor victim and, therefore, the accused is guilty of rape punishable under Section 376(2) of the Indian Penal Code (IPC) and Penalties are convicted for the offenses of sexual assault) and Section 4 of the Protection of Children from Sexual Offenses (POCSO) Act (respectively), it said.Arguments on punishment will be heard later.
