Allahabad HC Upholds Conviction Of Man For Raping 10-Year-Old Girl 43 Years Ago
The Allahabad High Court has upheld the Order of Conviction of a man who was accused of raping a 10-year-old girl 43 years ago.
The bench of Justice Samit Gopal observed that the prosecution successfully proved the case beyond reasonable doubt against the accused-appellant.
The Court rejected the argument of counsel for the appellant that the appellant is now aged about 68 years and that the incident is of the year 1979 and as such sending the appellant to jail would be too harsh.
The prosecution case is that the victim 'X' aged about 10 years was mowing grass in the field when the accused forcibly caught hold of her and took her to the jwar field and committed rape on her.
The Trial Court convicted and sentenced the accused-appellant under Section 376 of Indian Penal Code.
Advocate Sudhir Dixit represented the Appellant whereas Additional Government Advocate Sanjay Kumar Singh appeared for the State.
The counsel for the appellant argued that the doctor conducting the medical examination of victim and the Investigating Officer of the case have not been examined.
It was further argued that the incident in the present case is of the year 1979 and 43 years have passed since then and as such sending the appellant to jail now, would be too harsh as he is about 68 years as of now.
The Court held that "Thus applying the principles of law with regards to the sentencing of the appellant, it is clear that lacks of sufficient time and the age of the accused cannot be a ground to extend any benefit to him in the crime committed by him."
It further added that "…the prosecution has succeeded in proving the case beyond reasonable doubt against the accused-appellant. The version of the first informant and the victim 'X' regarding rape being committed on her by the accused-appellant does not get dented throughout the case. The medical evidence corroborates with the prosecution version."
Thus the appeal was dismissed.
Cause Title- Om Prakash v. State of UP
Click here to read/download the Judgment
