Parents of rape victims turning hostile, irks HC

A division bench comprising Justice S Vaidyanathan and Justice N Anand Venkatesh before whom the appeal moved by the accused came up said, “In the considered view of this Court, the evidence of victim girl is clear, and it inspires the confidence of this Court. Therefore, there is no requirement for this Court to look for any corroboration. The mother of the victim girl who turned hostile does not in any way impact the case of the prosecution.”

“It is also clear from the medical examination report that it was the mother of the victim girl, who had taken her to the doctor and had explained the entire incident. The final opinion given by the doctor shows that there were abrasion injuries over the external genitalia. The evidence of the doctor and the accident register and the medical examination report clearly corroborates the evidence of the victim girl,” the bench said.

Also, holding that the appellant (Udhayanithi) had not discharged the burden that has been cast upon him under Section 29 of the Pocso Act to disprove that he had not committed the act, the bench said, “In the result, the conviction imposed by the trial Court (Fast Track Mahila Court, Tanjore) is hereby confirmed and the sentence is modified from life imprisonment to ten years Rigorous Imprisonment and a fine of Rs 1,000 and in default to undergo three months Simple Imprisonment.”

The bench also directed the accused to pay a compensation of Rs 2 lakh, which the victim girl can withdraw with accumulated interest after she completes 21 years of age.

The bench led by Justice Vaidyanathan also came down on the public prosecutor, who conducted the case, for failing to confront the victim’s mother by showing the 164-statement made by her before the Court and question her regarding the contents found in it though it cannot be taken as a substantive piece of evidence.

As per the prosecution, on June 5, 2015 the appellant had sexually assaulted the victim girl at the back of the house of one Gunasekaran at Rayandur Kaliyamman Koil street. The victim girl informed her mother about the incident and when attempted to question the appellant, he quickly moved out of the place. Thereafter, she rushed the girl to the hospital as she was bleeding and thereafter lodged a police complaint leading to a case being registered for an offence under Section 4 of the Pocso Act.