New Delhi: Observing that “the convict violated her body and betrayed the trust reposed in him by the victim’s family,” the Delhi high court has upheld 10-year imprisonment to a man for repeatedly raping his own brother’s 13-year-old daughter. Convict Durgesh Jha had challenged the trial court judgment in an appeal before the high court arguing that it fell into a grave error to base his conviction on the sole testimony of the prosecutrix without any independent corroboration.
His counsel submitted that there were material discrepancies and infirmities in the statement of the prosecution witnesses. No explanation was offered for an inordinate delay in lodging the FIR, counsel for the convict further submitted. The families of the victim and the accused lived together. Dismissing his arguments, the court said, “On scrutinising the victim’s statement in its entirety, it reveals that the victim’s statement is consistent throughout. She was categorical to assign a specific and definite role to the appellant in the crime on different dates. Her ocular testimony is in consonance with medical evidence.” “True, there was considerable delay in lodging the report with the police... It, however, does not belittle the appellant’s crime,” the court said.
