"If One-Year-Old Girl Isn't Safe It Would Create Havoc In Society": MP High Court Upholds Life Sentence Of Rape Convict

"If a girl aged about 1 year is not safe in Society, then it would create havoc in the Society. Thus, such incidents are to be dealt with in all seriousness," observed the Madhya Pradesh High Court as it upheld the life sentence awarded to a man for raping a one-year-old girl.

The Bench of Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava was hearing the plea filed by one Moolchand assailing the judgment and sentence passed by Additional Sessions Judge, Seondha, Distt. Datia convicting him u/s 376(2)(f) of IPC and sentenced him to undergo Life Imprisonment.

The Court analyzed all the circumstances of the case and took into account the evidence put on record to arrive at the conclusion that the prosecution had succeeded in establishing beyond a reasonable doubt, that the appellant took away the one-year-old prosecutrix and committed rape on her, and thereafter, he left her in her house.

Further, the Court also noted that it had come out that bleeding was seen, and thus, as per medical evidence, it was found that there was a laceration in the perineum and even at the time of medical examination, bleeding was present from the wound and hymen was found torn at 6 O clock position.

In view of this, the Court was of the view that all the signs of injuries present on the one-year-old victim were suggestive of rape. Accordingly, the Court held that the appellant was guilty of committing rape on a one-year-old prosecutrix. Thus, his conviction under Section 376(2)(f) of IPC was affirmed.

So far as the question of the sentence was concerned, under the facts and circumstances of the case, the Court observed thus:

"...appellant has committed rape on a minor girl aged about 1 year. If a girl aged about 1 year is not safe in the Society, then it would create havoc in the Society. Thus, such incidents are to be dealt with all seriousness. Deterrence is the sentencing policy, therefore, this Court does not find any illegality in the sentence of Life Imprisonment, imposed by the Trial Court. Accordingly, the sentence of Life Imprisonment is hereby upheld."

Accordingly, the judgment and sentence dated 13-5-2010 passed by Additional Sessions Judge, Seondha, Distt. Datia was affirmed by the High Court.

Importantly, the Court also stressed that rape cases should be handled with all sensitivity and a prosecutrix is not expected to explain the sinful act in detail, by giving minute details of each and every act.

"No one should be allowed to place the prosecutrix in a more awkward condition while recording of her evidence. The entire evidence of the prosecution witnesses should be read as a whole. At the time of examination of the prosecutrix, every attempt should be made to avoid obscenity in the Court," the Court observed.

Further, the Court also opined that it is very easy for a prosecutrix to describe the entire incident in a few words and thus, she should not be compelled to explain the incident in detail. 

Case title - Moolchand v. State of M.P. 

Click Here To Download Judgment

Read Judgment