LI Network
Published on: November 28, 2023 at 18:53 IST
The Punjab & Haryana High Court affirmed the conviction and life imprisonment of an individual charged with raping a 13-year-old girl in Haryana.
The court, presided over by Justice Sureshwar Thakur and Justice Kuldeep Tiwari, maintained the conviction primarily relying on the unblemished testimony of the victim, dismissing the argument that the credibility of the victim’s testimony was compromised due to inconsistencies in her mother’s statements.
The court emphasized, “The cardinal principle for determining whether the charges against the convict-appellant are well-founded or ill-founded depends solely on the unblemished testimony of the victim, rather than contradictory testimony provided by any other prosecution witness. Therefore, when the court attributes immense credibility to the victim’s testimony, any exculpatory testimony given by the victim’s mother becomes completely inconsequential.”
This ruling was issued in response to a criminal appeal filed by the accused challenging his conviction and imprisonment under Section 6 of the Protection of Children from Sexual Offences Act, 2012, and Section 506 of the Indian Penal Code (IPC).
According to the prosecution, the 13-year-old girl disclosed the incident to her parents after falling ill and vomiting. Following a medical examination and investigation, a chargesheet was filed, and the accused faced charges under Sections 376(2n), 376(3), and 506 of the IPC.
The defense argued that the accused had been falsely implicated, pointing to contradictory statements made by the victim’s mother, which allegedly undermined the credibility of the victim’s testimony.
However, the court dismissed this argument, highlighting the doctor’s testimony who examined the victim and confirmed her admission with a seven-week live fetus.
Additionally, the court addressed the defense’s assertion that the DNA report was inconclusive, stating that the inconclusiveness was due to DNA insufficiencies or degradation, which did not diminish the confidence placed in the victim’s testimony.
Affirming the credibility of the victim’s testimony and finding no merit in the accused’s arguments, the appeal was dismissed.
Title: X v. State of Haryana