Case Highlights Importance of Victim Testimony in Sexual Assault Cases

Case Highlights Importance of Victim Testimony in Sexual Assault Cases.webp


Thane, February 12 A special fast-track court in Kalyan, Thane, sentenced a man to 20 years of rigorous imprisonment for repeatedly raping his 15-year-old daughter.

Special Judge (POCSO) VA Patravale found him guilty under the Protection of Children from Sexual Offences (POCSO) Act and the Indian Penal Code (IPC). He also fined the man ₹28,000, which is to be given to the victim as compensation.

According to the prosecution, the victim, who had been living with her grandparents after her mother's death, had moved in with her father a few months before the incident.

The abuse began with sexual advances in September 2019 and culminated in rape on October 13, 2019, while the girl's stepmother was away. The accused subsequently kept the victim under strict surveillance, changing mobile passwords and escorting her to school to prevent her from seeking help, the prosecution told the court.

The matter came to light on November 5, 2019, when the victim managed to flee to her maternal aunt's residence after further harassment, leading to the registration of an FIR at the Manpada police station.

In its order, the court said that the evidence of the victim of a sexual assault is almost as reliable as the evidence of a witness, and in some cases, even more reliable.

"The court must, while evaluating evidence, remain aware that in a case of rape, no respectable woman would come forward to make a humiliating statement against her honour such as is involved in the commission of rape on her," the order stated.

The testimony of the victim in such cases is vital, and unless there are compelling reasons which necessitate looking for corroboration of her statement, the courts should be able to act on the testimony of a victim of sexual assault alone to convict an accused, it added.
 
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child protection criminal justice kalyan pocso act rape sexual assault thane victim compensation
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