Rape is a heinous crime and the most gravest offence when comes under POCSO: Delhi HC

Rape is a heinous crime and the most gravest offence when comes under POCSO: Delhi HC

In this case the accused filled an appeal in the Delhi High Court after the Trial Court sentenced him for 10 years imprisonment for committing the offence of rape under POCSO Act. The accused induced the prosecutrix out of the keeping of her guardian on the pretext of buying clothes for her and later took her to his home and committed the said offence repeatably, he had also threatened the prosecutrix of dire consequences if the incident was revealed. He was charged under sections 363, 366, 376(2) and 506 of the Indian Penal Code and section 6 of the POCSO Act.

During appeal in the Delhi High Court learned counsel of the appellant submitted that the reports revealed that there was only slight tearing of the hymen therefore the penetration was not complete under section 6 of the POCSO Act. However the court was of the opinion that the penetration of the penis is the sufficient condition to attract the offence of rape even if it does not touches the hymen. The court also referred to the judgement of the Hon’ble Supreme Court Of India in the case of Rabjit Hazarika vs. State Of Assam wherein it was held that rupturing of hymen is not a necessary to condition for penetrative sexual assault.

While upholding the sentence of 10 years imprisonment and fine of 18.000 rupees imposed by the trial court the High Court noted various principles as guidelines from bunch of previous cases. Some principles referred by the court were that there is no bar that the evidence of a child witnesses cannot be relied upon, the court presumes that every witness is competent to depose until court considers otherwise and thirdly the appellant court will only interfere when it feels that the deposition by the child witness was under torture or when the deposition was not free.

In the present case the prosecutrix was granted a compensation of five lakh rupees.