Citing SC precedents, the high court said a rape survivor’s statement, especially sexual assault cases concerning children, need not be corroborated if it inspires confidence
The Chhattisgarh High Court upheld the conviction and 20-year jail term to three men for the gangrape of a 13-year-old girl during a wedding celebration in Kondagaon district.
The bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru dismissed their appeals, observing that the trial court had rightly convicted them under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act.
“Any act of sexual assault or sexual harassment to the children should be viewed very seriously and all such offences of sexual assault, sexual harassment on the children have to be dealt with in a stringent manner and no leniency should be shown to a person who has committed the offence under the POCSO Act,” the division bench wrote in a headnote to the judgment.
The incident took place on April 26, 2019, when the girl and her friend stepped out of a crowded wedding venue in Makdi village to go to a nearby field. The survivor testified that four men dragged her away and took turns to rape her while keeping her friend restrained. She later identified the accused – residents of nearby villages. She had seen their faces in the light from their mobile phones, and was also helped by residents of Ambal village from where the groom’s party was visiting.
The day after the crime, she lodged a complaint with the Kondagaon police and, based on her statement, a case was registered under Sections 376D and 506 of the Indian Penal Code along with relevant sections of the POCSO Act.
The police carried out medical examinations of the survivor and the accused, seized clothing involved, and forwarded the biological evidence for forensic analysis. During the trial, the prosecution examined 12 witnesses, including the survivor, her family, her friend, medical officers, and the investigating officer.
The minor’s testimony was consistent and detailed. She clearly described the attack and identified the accused. Her medical report showed a torn hymen and vaginal injuries.
Forensic tests determined semen stains on her underwear and the undergarments of the accused. Doctors confirmed that all three accused were capable of sexual activity and fresh injuries were noted on two of them.
The defence, however, argued that the case was built solely from the girl’s version, pointing to alleged contradictions and claiming false implication. It questioned the absence of immediate corroboration, lack of injuries on the accused, and challenged the method used to determine the girl’s age.
But the court was not convinced by these arguments. Referring to school admission records, the court held that the girl was 13 years old at the time of the incident, with the case attracting the POCSO provisions. The defence had offered no proof to rebut this.
Citing Supreme Court precedents, the high court said a rape survivor’s statement, especially sexual assault cases concerning children, need not be corroborated if it inspires confidence.
“A girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred,” the court observed.
It added: “She would be conscious of the danger of being ostracised by society and when in the face of these factors the crime is brought to light, there is inbuilt assurance that the charge is genuine rather than fabricated.”
