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