Rape Takes Away Victim's Sense Of Self-Worth, Lingers Across Lifetime: Kerala Court Sentences 26-Yr Old To 20 Yrs Rigorous Imprisonment

A Kerala Court has sentenced a 26 year old man to undergo 20 years rigorous imprisonment for committing rape and impregnating a 17 year old minor. It also imposed a fine of Rs.86,000/-.

The Fast Track Special Court (POCSO), Thiruvananthapuram Judge Aaj Sudarsan passed the order, stating no other situation could be more ‘emotionally charged’ than a rape victim becoming pregnant.

“Rape is an evil act. It is a crime of violence as also clearly seen in the facts and circumstances of the case at hand, which is deeply personal and unwanted violation of a human being, a brutal exertion of power and control over another person,” the Court observed, while adding that pregnancy from rape could compound and prolong the victim’s anguish.

The prosecution case was that the accused was a neighbour who sexually harassed the minor victim since June 21, 2021, by contacting her through calls and text messages. Thereafter, in the months of August and September in 2021, he raped the victim in two separate instances, which eventually resulted in a pregnancy. He threatened her from disclosing the incident to anyone else, by threatening to publish her naked pictures in Facebook. He also criminally intimidated her by threatening to kill her if she disclosed the same to anyone else.

The accused however, denied the averments of the prosecution case on the following grounds, namely, the delay in lodging the FIR; the non-mentioning of the date of first incident and the changing of the date of the date of second incident in order to suit the gestation period; the wavering evidence of the 17 year old victim; the question of paternity being irrelevant in a rape case; and the contradiction, omissions and improvisations in the evidence given by the minor victim. 

The Court in this case was of the opinion that it would hardly be possible "for such a child to recall and state the exact date and time of the incident, even assuming that the sexual intercourse that resulted in her pregnancy was out of a consensual relationship". It also observed that the defense argument of consensual relationship would also not arise in this case since the victim was a child on the date of incident. The Court also refused to accept the argument that the date of the second incident had been corrected in order to suit the gestational age, as the gestational age calculated through sonography may not always be precise. 

The Court further observed that the defense had not been able to bring out any material contradiction to the evidence of the victim. 

The Court found the accused guilty of the offences punishable under Sections 450, 342, 376(2)(n), 506(ii) IPC, 3(a) r/w 4, 5(j)(ii), 5(l) r/w 6 of the POCSO Act, 2012.

"Sexual assault or rape is much more than the stereotypical scenarios that we see and understand from movies or from books. It does not always occur in dark or cool alley. It can happen anywhere, inside the house of the victim itself, as seen from this case. All the times, the attacker may not be strangers, it could be a known person too. By rape, the attacker takes away the sense of safety, self-worth and ability to keep, create and maintain healthy relationships etc. This is because of the trauma a victim experiences....Sexual abuse or sexual harassment is never contained to a present moment. It lingers across a person’s lifetime and has pervasive long term ramifications."

The Court specified that all the sentences would run concurrently. The accused was allowed to get set off on the substantive sentence for the period he had undergone detention as an under trial prisoner. The Court added that in case of realization of the fine amount of Rs.86,000 /-, the entire amount ought to be given to the victim as compensation under Section 357(1)(b) Cr.PC.

Special Public Prosecutor Vijay Mohan R.S. appeared on behalf of the complainant. The accused was represented by Advocate K.O. Thomas. 

Case Title: State v. Shilpi