Delhi High Court Upholds Temple Priest's Conviction For Rape Of Intellectually Disabled Woman, Calls Act 'Satanic And Unholy'

The Delhi High Court has upheld the conviction of a temple priest for rape of an intellectually disabled woman, describing his conduct as a “satanic and unholy deed” that shattered not only the victim's dignity but also the sanctity of the temple and the trust reposed in the priesthood.Dismissing the convict's appeal, the Court observed that the victim's family had initially attempted to suppress the incident owing to their religious beliefs and the priest's promise to leave the temple, but were eventually “woken up from the spell of the opium of Marxist influence” by his betrayal and the outrage suffered by their daughter.Justice Vimal Kumar Yadav remarked,“Marxist view of religion that it is opium of masses surfaced in the instant case but the familial ties, outrage of chastity of the daughter and broken promises / dishonesty of the Appellant woke up the victim's family from the spell of the opium of Marxist influence.”The Court was hearing an appeal challenging the judgment dated January 30, 2013, whereby the appellant had been convicted for rape of a woman with mild intellectual disability, inside the residential quarters of a temple in Delhi. The appellant had assailed the conviction on several grounds, including an unexplained delay of 40 days in lodging the FIR, absence of medical and forensic corroboration, inconsistencies in the prosecution's case and alleged defects in the investigation.According to the prosecution, the incident occurred on February 4, 2010, when the victim had gone to the temple with her cousin. The priest allegedly asked her to cook for him and later dragged her to a room in the residential portion of the temple, where he raped her. Although the victim disclosed the incident to her mother on the same day, the family did not immediately approach the police.The Court noted that the victim, though around thirty years old, had an IQ of 60 and suffered from mild intellectual disability. Referring to the testimony of the doctor who examined her mental condition, the Court observed that persons with such disabilities possess lower comprehension and are generally “simple, gullible and not manipulative.”Addressing the delay in registration of the FIR, the Court held that the circumstances of the case adequately explained why the victim's family had initially remained silent. It observed that the incident had occurred inside a temple at the hands of a priest and that concerns regarding social ostracisation, family honour and the victim's future had weighed heavily on the minds of her parents. It further noted that the victim's mother had initially chosen to forgive the priest after he apologised and promised to leave the temple permanently. However, the matter resurfaced when the appellant returned to the locality after a brief absence and was spotted by the victim's brother, leading to an altercation and police intervention. The Court held that the delay had not prejudiced the accused; rather, it had impaired the evidentiary foundation of the prosecution case, as immediate reporting would have had better evidence in medical and forensic aspects.While acknowledging that the forensic evidence was inconclusive and did not materially assist the prosecution, the Court found corroboration in the victim's medical examination, which recorded a healed hymenal tear consistent with the timeline of the alleged assault. More importantly, the Court found the testimony of the prosecutrix to be truthful and of sterling quality.Rejecting the argument that the alleged offence could not have taken place inside a temple during the daytime, the Court observed that temples are generally deserted during the afternoon and that the victim's account was consistent with the layout of the temple premises. It further held that minor discrepancies in the testimony of a person with mild intellectual disability could not be treated as fatal to the prosecution's case.Dismissing the appeal, the Court observed,“It is something egregiously wrong where the acts of the Appellant in this case have quintessentially shattered the sanctity of a temple, religious beliefs and the priesthood and the trust of the people.”Appearance: Appellant-in-person with Mr. Manoj K.Mishra, Mr. M.T.Radeesh Kumar, Ms. Madhulika and Mr. Umesh Dubey, Advs. for Appellant; Ms. Satinder Singh Bawa, APP for the State. Ms. Vrinda Bhandari, Adv. alongwith Ms. Pragya Barsaiyan, Adv. for the victim / prosecutrix (DHCLSC) for RespondentCase title: Santosh Tiwari v. StateCase no.: CRL.A. 335/2013Click here to read order

Delhi High Court Upholds Temple Priest's Conviction For Rape Of Intellectually Disabled Woman, Calls Act 'Satanic And Unholy'

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Delhi High Court Upholds Temple Priest's Conviction For Rape Of Intellectually Disabled Woman, Calls Act 'Satanic And Unholy'

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