Bombay high court upholds life term for man who raped a 3-year-old girl
The high court said the trial court correctly relied on relevant medical jurisprudence that in young children there are few or no signs of general violence caused by resistanceUpdated: Oct 24, 2020, 12:53 IST
The Bombay high court has upheld the life imprisonment awarded to a 27-year-old man for raping a three-year-old girl in September 2014 while rejecting the convict’s argument that the survivor was not cross-examined during the trial. Justices SS Shinde and MS Karnik on Monday concluded the trial court in the case had rightly convicted Sudam Shelke and he did not deserve leniency.
The court noted the girl was hardly three at that time. “There can be no infirmity in the prosecution case only because of the non-examination of the victim,” said the court.
The court also found no merit in Shelke’s submission that his complicity in the crime could be ruled out since he had not sustained any injuries during the assault. He maintained that he should have suffered some injury, especially because the girl was just three.
The high court said the trial court correctly relied on relevant medical jurisprudence that in young children there are few or no signs of general violence caused by resistance. A child usually has no idea of what is happening and also is incapable of resisting, it added. The court said in such cases, complete penetration is not possible, especially when a perpetrator is a grown-up man. Even slight penetration is sufficient to attract rape charges, it added.
“We are in agreement with the view of the trial court that no benefit can be given to the accused merely because he has not sustained any injury on his private part,” said the high court while dismissing Shelke’s appeal.