Child is incapable of resisting: Bombay high court upholds life term for man who raped minor

Updated: 25 October, 2020 10:51 IST | mid-day online correspondent | Mumbai

The Bombay High Court observed that the trial court correctly relied on relevant medical jurisprudence that in young children there are few or no signs of general violence caused by resistance

Bombay High Court
Bombay High Court

Rejecting a convict's argument that the survivor was not cross-examined during the trial, the Bombay High Court upheld the life imprisonment awarded to a 27-year-old man for raping a three-year-old girl in September 2014.

According to a report in Hindustan Times, Justices SS Shinde and MS Karnik on Monday concluded that the trial court in the case had rightly convicted Sudam Shelke and he did not deserve leniency. The court noted that the girl was hardly three at the time the crime was committed. "There can be no infirmity in the prosecution case only because of the non-examination of the victim," the court said.

Also Read: Extra-marital affair not sufficient to constitute abetment to suicide

Furthermore, the court found no merit in Shelke's submission that his complicity in the crime could be ruled out since he had not sustained any injuries during the assault. The accused maintained that he should have suffered some injury, especially because the girl was just three.

The high court observed that the trial court correctly relied on relevant medical jurisprudence that in young children there are few or no signs of general violence caused by resistance. A child usually has no idea of what is happening and also is incapable of resisting, the court added.

Read the latest crime stories in Mumbai and rest of India

While giving its verdict, the court said that in such cases, complete penetration is not possible, especially when a perpetrator is a grown-up man. Even slight penetration is sufficient to attract rape charges, the court said. While dismissing Shelke's appeal the HC said, "We are in agreement with the view of the trial court that no benefit can be given to the accused merely because he has not sustained any injury on his private part."

Keep scrolling to read more news

Catch up on all the latest Crime, National, International and Hatke news here. Also download the new mid-day Android and iOS apps to get latest updates.

Mid-Day is now on Telegram. Click here to join our channel (@middayinfomedialtd) and stay updated with the latest news

First Published: 25 October, 2020 09:30 IST

Sign up for all the latest news, top galleries and trending videos from Mid-day.com

Subscribe
loading image
This website uses cookie or similar technologies, to enhance your browsing experience and provide personalised recommendations. By continuing to use our website, you agree to our Privacy Policy and Cookie Policy. OK