Aishwarya Rathore-
Published on: August 13, 2021 at 13:20 IST
Delhi High Court affirmed the conviction and sentencing of a man for rape and stalking, finding that the Prosecutrix’s testimony was not only credible, but also reliable, consistent, and admissible.
The Court noted that the Trial Court failed in its duty to refer the victim to the Delhi Victims Compensation Scheme, 2018, which provides a minimum compensation of Rs. 4 lakhs and a maximum compensation of Rs. 7 lakhs to rape victims.
Justice Manoj Kumar Ohri stated, “This Court, therefore, directs the Delhi State Legal Services Authority (DSLSA) to consider and award appropriate compensation to the prosecutrix per the Victim Compensation Scheme within four weeks from passing of this Judgment.”
The appellant had challenged the Trial Court’s decision of conviction and sentence dated October 15, 2020. The High Court dismissed the appeal, noting that the appellant had failed to impeach the prosecutrix’s testimony, which had remained unimpeachable.
The Court observed, “On a conspectus of the entire evidence that has come on record, this Court finds that the prosecutrix’s testimony about the stalking and offence of rape committed by the appellant upon her not only inspires confidence but is also held to be consistent, reliable and admissible.”
The Court also cited Section 114-A of the Indian Evidence Act, which provides for a presumption of absence of consent in certain rape prosecutions, and concluded that the appellant had failed to dislodge the presumption.
Accordingly, the Court directed the DSLSA to award compensation to the prosecutrix within four weeks and dismissed the appeal.
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