‘Victim Could Not Understand The Good And Bad’: Supreme Courts Upholds Conviction Of Man Accused Of Raping A Mentally Disabled Girl

On the grounds of the prosecutrix not understanding what was happening and its consequences as she was mentally unsound also due to the delay in lodging the FIR the accused, Chaman Lal was acquitted by the Trial Court. The accused was punished with seven years of rigorous imprisonment and a fine of Rs. 10,000/- and if there is any default in the payment further 6 months R.I. under Section 376 IPC and four years R.I. with fine of Rs.5,000/­ and in default of payment of fine, further three months R.I. under Section 506 IPC. The FIR was described by the accused as a vengeful act of the father of the prosecutrix as he refused to marry her in front of the Court because he was already married and children. Accused having sexual intercourse with the prosecutrix and her delivering his biological baby was not disputed. The victim’s IQ was 62, this was revealed to the Court by the doctors. After noting the bench comprising Justices Ashok Bhushan, R. Subhash Reddy and MR Shah stated that the victim is not of sound mind to understand the aspect of sexual assault and it seemed that the accused took advantage of this. It is rightly observed by the High Court that this case falls under the Section 375 IPC and has rightly convicted the accused for the offence under Section 376 IPC. This particular case is not in behalf of consent as the victim is not of sound mind do the understand the concept of sexual intercourse. The bench refused to interfere with the judgment passed by the High Court and stated that “In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness.”. Due to this no interference of this Court in the order passed by the High Court is required.

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