'Constraints Can Change Lives Drastically': Delhi High Court Notes Migrant Woman's Vulnerability, Upholds Accused's Rape Conviction

The Delhi High Court has upheld the conviction of a man in a rape case, while underscoring how financial hardships can render migrant women particularly vulnerable to exploitation.

A single judge bench of Justice Vimal Kumar Yadav remarked, “Constraints and restrictions so also the facilities have immense potential to change the life drastically. The financial constraints coupled with the lack of proper education, skills and training brought the victim herein, as many other such individuals land up in the big metropolitan cities, as this metropolis…Somehow, the victim could not save herself and she was raped.”

It thus dismissed the appeal preferred by the accused and affirmed the trial court's decision convicting him under Section 376 IPC.

The Court held that despite certain defects in the investigation, the prosecution case stood proved on the strength of reliable evidence, particularly the testimony of the prosecutrix.

At the outset, the Court reflected on the circumstances of the victim, a young woman who had travelled from a northeastern state to Delhi in search of employment due to financial constraints.

The Court found that the prosecutrix was working as a domestic help and was residing in a precarious environment which exposed her to the appellant-accused.

Rejecting the appellant's contention that inconsistencies in the victim's statements and lack of corroborative forensic evidence weakened the prosecution case, the Court reiterated that conviction in rape cases can be based solely on the testimony of the prosecutrix, provided it is trustworthy and of sterling quality.

Addressing the argument of defective investigation, the Court held that cause of justice cannot be made to suffer on account of the defects in the investigation, and the Investigating Officer should not be given such liberty to dictate the outcome of the legal proceedings.

The Court also noted that the medical evidence supported recent sexual activity and that the injuries on the accused were consistent with the victim's account of resistance.

Concluding that the prosecution had established the case beyond reasonable doubt, the Court also contextualised the victim's conduct within broader social realities and observed,

“A decade is enough to change the course of rivers, shapes of mountains, face of cities and also the human beings. What was in vogue 16 years ago may not be today…A female is to think a thousand times before coming forward to complaint about being sexually harassed as with changing times things may not be as it used be a decade ago. Gender equality, openness in society, hesitation etc., have undergone changes and the present day female is not going to take anything of such nature by lying down and are coming forward to fight for their rights.”

As such, it dismissed the appeal and directed the accused to surrender to undergo the remaining sentence.

Appearance: Mr. Zeeshan Diwan, Mr. Krishna Datta Multani, Mr. Harsha, Mr. Joel Jamesh and Ms. Ankita Yadav, Advs. for Appellant; Ms. Kiran Bairwa, APP for the State. Ms. Astha (DHCLSC) with Ms. Megha Singh, Advocate for victim/ prosecutrix. SI Nirankar Nagar, PS Defence Colony.

Case title: Madan Singh v. State

Case no.: CRL.A. 1344/2011

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