"Crossed All Limits Of Humanity": Bombay High Court Upholds Man's Conviction For Rape Of Mentally Challenged Girl

Observing that he crossed all the limits of humanity, the Bombay High Court bench at Nagpur, recently upheld the conviction of a man for raping and impregnating a neighbourhood girl, who was suffering from Down syndrome.

Single-judge Justice Govind Sanap noted from the material on record that there was sufficient evidence to prove beyond reasonable doubt that it was the appellant, who raped the victim having mental disability (90 per cent). The judge, noted that the accused, who is the neighbour of the victim took undue advantage of the situation.

"The victim could not even tell her name. The crime committed by the accused has crossed all the limits of humanity. It was a crime not only against the victim but also against society. The accused, knowing fully well that the victim was mentally retarded, committed such a gruesome crime with her. The crime committed by the accused indicates that in order to satisfy his lust, he took advantage of the mental condition of the victim. The crime is deplorable. Such a crime is bound to shock collective conscious of society. The accused has crossed the bounds of humanity," the judge observed in the August 19 order.

The observations were made while dealing with an appeal filed by the appellant challenging the December 24, 2020 judgment of a special court, which convicted him under section 376 (2) (j) (rape with woman, who incapable to give consent) and 376 (2) (l) (raping a woman with physical or mental disability) of the Indian Penal Code (IPC).

According to the prosecution case, the victim's mother, the complainant in the case, in November 2016 lodged a complaint after noting that her differently abled daughter missed her periods for four consecutive months from August. She then took the victim to government hospital, where upon a urine test, it was revealed that she was pregnant with some 16 weeks. The doctors suggested the mother to lodge an FIR and subsequently one was lodged with the Mul Police Station in Chandrapur.

The mother in her complaint named at least three men including the appellant, whom, she stated, often visiter her house even during her absence as she went to work from morning till evening.

Meanwhile, the doctors, performed an abortion procedure on the victim and the foetus was preserved for DNA tests and subsequently, the blood samples of the three suspects were sent for DNA tests, reports of which were received on February 4, 2017. The DNA tests confirmed the appellant to be the biological father of the foetus and also the victim was found to be the biological mother of the foetus.

Relying on the DNA reports, the appellant was arrested and even the trial court relied upon the same to convict the appellant.

Appreciating the evidence, Justice Sanap too found no infirmities in complying with the procedure for obtaining samples, testing etc for the DNA report.

"I do not see any reason to interfere with the well reasoned judgment and order of the trial court. Accordingly, the appeal deserves to be dismissed and it is dismissed," Justice Sanap said.

Appearance:

Advocate RM Daga appeared for the Appellant.

Additional Public Prosecutor Hemlata Dhande represented the State.

Case Title: Dilkhush Shrigiriwar vs State of Maharashtra (Criminal Appeal 353 of 2021)

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