Sikkim HC Upholds Conviction Of 24-Year-Old Man For Raping His 80-Year-Old Grandmother

The Sikkim High Court has confirmed the conviction of a twenty-four-year-old man for the rape of his eighty-year-old maternal grandmother.

The Division Bench of Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan rendered the decision, upholding the judgment of the Fast Track Sessions Court.

The incident came to light when the victim, referred to as PW-2, refused to return home from a neighbour's house upon the return of her daughter, PW-3, from West Bengal. PW-2 revealed that her grandson, the appellant, had raped her. She reported that the appellant had repeatedly harassed and assaulted her in a drunken state, threatening her life if she disclosed his actions. She also mentioned his prior incarceration.

The Court emphasized that the Trial Court had thoroughly analyzed the evidence and accounted for the delay in lodging the FIR. The victim's hesitation to report the crime was understood, considering the perpetrator was her grandson. "The Learned Trial Court therefore found no reason to disbelieve the victim a senior citizen, who at her age was unlikely to make such allegation against her own grandchild unless she was left with no option," the Court remarked.

"This Court having carefully perused the evidence on record, the facts and circumstances of the case and arguments advanced, we are of the considered opinion that the Learned Trial Court has examined the matter meticulously and we do not see any reason to differ from the findings of the Learned Trial Court. Both the impugned Judgment and the Order on Sentence, are accordingly upheld," the Bench said.

In her trial deposition, the victim consistently reiterated the facts presented in the FIR. Additionally, the medical examination did not dismiss the possibility of sexual assault. Acknowledging the meticulous examination by the Trial Court, the High Court upheld the appellant's conviction.

Pertinently, the Trial Court had convicted the Appellant under Section 376(2)(f), Section 376(2)(n) and Section 506 of the Indian Penal Code, 1860. For each of the offences of rape that he was convicted under, the Appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of ₹10,000/-(Rupees ten thousand) only. Under Section 506 of the IPC he was sentenced to rigorous imprisonment for two years and to pay a fine of ₹1,000/- only. The sentences of imprisonment were ordered to run concurrently and the sentences of fine bore default stipulations.

Cause Title: X. v. State of Sikkim [Neutral Citation: 2024: SHC: 76]

Appearance:-

Applicant: Advocate D. K. Siwakoti, Advocate (Legal Aid Counsel)

Respondent: Additional Public Prosecutor (APP) Shakil Raj Karki

Click here to read/download the Judgment