Rape Is Violation Of Victim's Fundamental Right Under Article 21: Gauhati HC [Read Judgment]

Rape is a violation of victim's fundamental right under Article 21 of the Constitution, observed Gauhati High Court while dismissing an appeal filed by a man convicted of raping a twenty year old girl.

Justice Rumi Kumari Phukan observed that rape tantamount to a serious blow to the supreme honour of a woman and is a crime against the entire society as well.

Nasir Uddin Ali was convicted under Section 376 of the IPC and sentenced to undergo rigorous imprisonment for a period of 9 (nine) years by the Trial Court. The girl was working in a private hospital on daily wage basis. The prosecution case was that, on the night of 26.11.09, at about 10:00 P.M., while the victim was on her way to home on foot from Digboi Chariali market and arrived near Digboi club, the accused forcefully took her to the bathroom of nearby swimming pool and committed rape upon her. 

The accused, before the High Court, had contended that his conviction on the basis of sole testimony of the victim is bad in law.

Referring to the evidence on record, the Court observed that solitary version of the prosecutrix can be accepted as a true version of the occurrence, which is fully supported by the other evidence on record, coupled with the defence version. It also observed that the prosecutrix had no any enmity/dispute with the accused person and it is not a case of no any supporting evidence. While dismissing the appeal against conviction, Justice Rumi Kumari Phukan observed:

The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive the idea that he can create a hollow in the honour of a woman. Such thinking is not only lamentable but also deplorable. Youthful excitement and an attempt for momentary pleasure on the part of a person upon a woman, had a devastating effect in the entire body and mind of the victim. It is to be kept in mind that such offence lowers the dignity of a woman and mars her reputation. The Courts are sensitized that rape is a violation of victim's fundamental right under Article 21 of the Constitution and rape victim is placed on a higher pedestal than an injured witness. Being the most hatred crime, rape tantamount to a serious blow to the supreme honour of a woman and is a crime against the entire society as well.

Regarding the accused's contention highlighting the non-finding of injury upon the victim, as per the medical evidence, the judge observed that injury is not a sine qua non for deciding whether rape has been committed or not. The conduct of victim is noteworthy, who immediately after the occurrence, reported the matter to the nearby people, to the Police, to the authority of the Digboi Club and the GD Entry and FIR was made on the next day of the occurrence without any delay and there is no material variation in her version, the judge added.

However, the Court reduced the sentence to seven year imprisonment considering the fact that the accused person have family with five children and is behind the bar since the date of conviction.

Case name: NASIR UDDIN ALI vs. STATE OF ASSAM
Case no.: Crl.A. 227/2016 
Coram: Justice Rumi Kumari Phukan
Counsel: Adv N Zaman, Addl. PP . N K Kalita 

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