Mother Wouldn't Put Daughter's Entire Life At Stake By Giving Her Label Of Sexual Assault Victim: Tripura HC Upholds Rape Conviction

In a significant observation, the Tripura High Court has observed that the mother of a sexual assault victim girl would never put her daughter's entire name, fame, and even entire life at stake by giving her a label of a victim of sexual assault.

Observing thus, the Bench of Justice T. Amarnath Goud and Justice Arindam Lodh affirmed the rape conviction of a man under Sections 376(2)(f) of the IPC for sexually assaulting a 4-year-old girl in the year 2012.

The background of the Case

Essentially, the Accused had moved the High Court challenging his conviction under Sections 376(2)(f) of the IPC and a sentence to suffer rigorous imprisonment for 10 years passed by Addl. Sessions Judge, West Tripura, Agartala.

The Lower had taken into account the evidence of the victim and her mother (PW4) to come to the conclusion that the prosecution had established beyond reasonable doubt that she was taken by the Accused in his house by telling that he would give her chips and chocolate etc and then the accused undressed her and rape her.

Moving to the High Court, the Accused contended that the prosecution story was unnatural, improbable, and fabricated one.

Court's observations

At the outset, the Court observed that the lower court had taken all measures to find out the mental ability of the minor girl while she deposed before the Court and only after a preliminary test and being convinced about her mental ability to depose, the court had proceeded with recording her evidence.

The Court further noted that the complaint made by the mother (PW4) of the victim on the date of incidence before the police station and her evidence deposed before the court remained unshaken. Likewise, the child victim too, narrated her version and the act committed by the accused and even her evidence remained unshaken.

Against this backdrop, the Court concluded that there is no reason to disbelieve the complaint filed by the mother and the evidence of the victim girl.

Importantly, the Court stressed that while considering the evidence advanced by the mother (PW4) of the victim, the trial court had rightly observed that a mother is a protector disciplinarian and friend of a child.

Further, opining that a mother is also a selfless loving human who sacrifices many of her wants and needs for the wants and needs of her child, the Court remarked thus:

"A mother works hard to make sure that her child is safe equipped with the knowledge skills and abilities to make it a competent human being. It is for that reason, it is unbelievable to say that a mother would put her daughters entire life at stake by involving her in a serious matter like the case at hand. PW4 being mother of the victim girl would never put her daughter's entire name, fame and even entire life at stake by giving her daughter a label of a victim of sexual assault."

Case title - Pintu Ghosh v. The State of Tripura
Case Citation: 2022 LiveLaw (Tri) 1