There Is A 'Built-In' Assurance In Rape Cases That Charge Levelled Is Genuine & Not Fabricated: Bombay High Court

The Nagpur bench of the Bombay High Court recently while upholding the conviction of a man for committing rape on a minor girl, said usually neither the girl nor her family would indulge their daughter's name even for settling scores and that in such cases, there is a 'built-in' assurance that the victim is levelling 'genuine' charges.

Single-judge Justice Govind Sanap upheld the conviction of a boy, who at the time of the incident was 17 years and 9 months old but was tried as an adult after the Trial Court was satisfied that he had the mental and physical capacity to commit the crime and even understand the consequences.

"It is pertinent to note that the victim, in the ordinary circumstances, would not have taken a risk of involving herself in such a dirty incident even for the sake of settling the score on some issue or the other. Reporting of such crime invites stigmatic consequences for the victim as well as for the family. The pride, prestige and reputation of the victim and the family is put to stake. Bringing such an incident in public can cause irreparable damage to the reputation of the victim and her family," Justice Sanap said in his judgment, which was made available earlier this week.

The judge, further said that usually in such cases, the victims and their relatives are not too keen to bring the culprits to books.

"And when the crime is brought to light, there is a built-in assurance that the charge is genuine rather than fabricated," Justice Sanap underscored.

The judge noted the fact that on May 20, 2016, the appellant called the victim girl to his house on the pretext of speaking to her about some study material. However, when she went to his house, he pulled her in and forced himself on her person and eventually raped her. To ensure that the victim's screams do not hinder his intentions, the appellant and raised the volume of the TV in his room while one of the friend's with whom the victim visited the appellants house, was waiting outside his house. The appellant had not allowed the friend to enter the house.

Soon after the incident, the victim came out frightened and told about it to her friend, who was standing outside the appellant's house. Her friend then dropped her at her house, where she disclosed about the same to her parents and subsequently lodged an FIR against the appellant. 

"The victim did not expect the appellant to behave in this manner with her. She was ravished by the appellant. She immediately went to her house and narrated the incident to her mother. The conduct of the victim is consistent," the judge said.

After perusing the testimony of the victim, the judge opined that there was no reason to disbelieve her and junked the argument of the appellant that he has been falsely implicated in the case.

"The evidence of the victim is cogent, concrete and reliable. Her credibility and trustworthiness has not been shaken at all. It is to be noted that the victim cannot be equated with an accomplice. I am of the view that the evidence of the victim is of sterling quality. I do not see any reason to doubt her evidence," the court said while dismissing the appeal.

Appearance:

Advocate Mir Nagman Ali appeared for the Appellant.

Additional Public Prosecutor RV Sharma represented the State.

Advocate Falguni Badani was appointed to represent the Victim,

Case Title: Aman Tagade vs State of Maharashtra (Criminal Appeal 425 of 2023)

Citation: 2024 LiveLaw (Bom) 608

Click Here To Read/Download Judgment