Muzaffarnagar Riots| 'Helpless Woman Was Gang Raped When She Was Fleeing Riot-Hit Area With Her Son To Save Her Life': UP Court

A trial court in Uttar Pradesh's Muzaffarnagar district today CONVICTED 2 accused after finding them guilty of gang-raping a woman in sugarcane fields during the 2013 Muzaffarnagar riots while she was fleeing the area along with her minor son. 

"The accused committed rape against a helpless woman when she along with her innocent son was fleeing through the sugarcane fields to save her life," said Muzaffarnagar Additional District and Sessions Judge, Anjani Kumar Singh as he convicted accused Maheshvir and Sikander. 

The accused have been awarded 20 years of rigorous imprisonment and Rs. 10,000/- fine under Section 367D IPC, 10 years of imprisonment under Section 376 (2)(g) IPC and a fine of Rs. 5000/- and 2 years of imprisonment under Section 506 IPC.

In its 89-page Judgment, the Court found that the victim was gang raped by three men who lived in her village and were frequent customers of her husband, a tailor, and while doing so, they held her three-month-old son, hostage.

The Court also noted that the prosecution had been able to prove that on the date of the incident (September 8, 2013) the victim and her younger son were left alone at their home as her husband had gone to see a doctor, and that is when a rumour spread that a person was shot dead near the Badi Masjid and riots have started.

In view of this, in order to save herself, the victim ran away from home along with her younger son and other relatives and they thought it appropriate to take shelter in the sugarcane fields adjacent to the village.

Thereafter, while all others ran away through the sugarcane fields towards Shamli, the victim was left behind as she was carrying her minor son. Further, the Court noted that the incident of rape took place in the sugarcane field behind the Brain Zone School only after she was left behind.

"The victim, along with her innocent son, covered a distance of two kilometres from the village to the place of incident located behind Brain Jan School...which narrates the hard effort and poignant struggle of a mother to save herself and her innocent son's life and the evidence and circumstances clearly show how a mother, in the absence of her husband and in times of sudden crisis, decided to travel several kilometres through the sugarcane fields to save his son and continued his struggle relentlessly after being left far behind by others in the group who had migrated with her on this journey. She was about to reach the main road when she came under the clutches of accused Kuldeep (died later on), Maheshveer and Sikandar who were not present there for any other purpose but were in search of helpless women like the victim being armed with weapons like knives and pistols," the Court in its order noted.

Importantly, the Court also took into the plight of the helpless victim who was raped by putting her in fear of the life of her 3-month child. The Court did not find any contradiction in her statement regarding the incident of rape as it observed thus:

"The victim has further stated in her evidence that Kuldeep told her to let him do whatever he wants to do otherwise he will kill my child. He pushed me. Maheshveer and Sikandar dropped my son on the ground and he said that don't shout otherwise we will kill him. The child was crying. Kuldeep broke the nada of my salwar and then he raped me. Then he went to my son. Then Maheshveer raped me. It was not my wish, I was scared because of my son. Then Sikandar raped me. When one man used to rape me, the other man used to put arms on my son and used to scare me. After raping me, the three men threatened me that if I go to the police station, they will kill me. These three men left from there. After that, I tied the nada which was broken by Kuldeep and put it in the salwar and wore it. I picked my son up who was unconscious. I looked here and there, I found tubewell water filled in the drain. I cleaned myself. Gave water to the son. He regained consciousness after 15-20 minutes. Then from the field where I was raped, I reached another field. This part of the evidence of the victim makes the whole situation of the incident completely clear. The manner in which the victim has described the whole incident, there is no fabrication or contradiction in it."

The Court found her evidence to be of sterling quality and hence, it relied upon the same to convict two accused of the offence of Gang Rape. The Court further stressed that as per rulings of the Supreme Court, the conviction can be based upon the sole testimony of the rape victim.

As far as conviction under Section 376 (2) (g) of IPC was concerned, the Court noted that provision is attracted in cases of rape during communal or sectarian violence and it was clear from the set of facts, that at the time of the incident, there was a situation of communal riots in the village of the victim.

"It is not that the offense of Section 376 (2) (g) of IPC will be attracted only when there is a scenario of continuous beating and some of those people commit the incident of rape. If there is tension in a part of the district and people are migrating from nearby villages due to fear, then it will be considered that it is happening due to riots, even if there is no physical presence in the village from where people are migrating," the Court clarified

Consequently, the Court opined that on September 8, 2013, a similar situation was existing in Village Lank, therefore it will be considered that the ingredients of Section 376 (2) (g) of IPC are fulfilled because the fact of gang rape with the victim had been proved by the prosecution through irrefutable and reliable evidence of the victim.