As observed hereinabove, even it is not the case on behalf of the accused that it was a case of consent. On the evidence, it has been established and proved that the victim was mentally retarded and her IQ was 62, and she was not in a position to understand the good and bad aspects of sexual assault. The accused has taken disadvantage of the mental sickness and low IQ of the victim.(Para 11)
Supreme Court Upholds Conviction of Man Accused of Raping a Mentally Disabled Girl: Not In A Position To Understand The Good And Bad Aspect Of The Sexual Assault
Chaman Lal V. The State of Himachal Pradesh
CRIMINAL APPEAL NO. 1229 OF 2017
The bench comprising Justice ASHOK BHUSHAN, Justice R. SUBHASH REDDY, and Justice M.R. SHAH has upheld the conviction of a man accused of raping a mentally disabled girl with low IQ and mild mental retardation.
The Supreme Court set aside the judgment and order of acquittal passed by the learned trial Court acquitting the appellant herein – original accused of the offences under Sections 376 and 506 of the IPC and consequently has convicted the appellant-accused for the aforesaid offences and has sentenced him to undergo seven years R.I. with fine of Rs. 10,000/and in default of payment of fine, further six 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 original accused has preferred the present appeal.
The Supreme Court proclaimed, considering the evidence on record, more particularly the deposition of PW11 and PW22 and even the deposition of the other prosecution witnesses, the High Court has rightly observed that the case would fall under Section 375 IPC and has rightly convicted the accused for the offence under Section 376 IPC. Even as per clause fifthly of Section 375 IPC, “a man is said to commit rape,” if with her consent when, at the time of giving such consent, by reason of unsoundness of mind, is unable to understand the nature and consequences of that to which she gives consent. As observed hereinabove, even it is not the case on behalf of the accused that it was a case of consent. On the evidence, it has been established and proved that the victim was mentally retarded and her IQ was 62, and she was not in a position to understand the good and bad aspects of sexual assault. The accused has taken disadvantage of the mental sickness and low IQ of the victim.(Para 11)
Before the Apex Court, the accused, Chaman Lal, contended that the FIR was filed only as a vengeful act by the father of the Prosecuterix for refusing to marry her. He contended that he was not in a position to marry the prosecutrix as he was married and was having children of his own.
The father of the prosecutrix lodged an FIR against the accused with the allegations that on 1.4.2008, his wife Dhaneshwari Devi telephonically informed him at Shimla that their daughter (prosecutrix) is pregnant. It was alleged that the prosecutrix told her mother that when she used to go to the jungle to graze goats and cattle, the accused also used to go to the jungle to graze cattle and goats. The prosecutrix told her mother that three-four months ago, the accused had sexual intercourse with her forcibly and without her consent. That the accused threatened the prosecutrix not to disclose the incident to anyone. That due to fear and due to forgetting the same and further due to mental weakness, she did not disclose about the incident to anyone, including her mother. The prosecutrix was got medically examined, and as per the Medical Officer, the prosecutrix was carrying a pregnancy of 31 weeks. Her age was stated to be 19 years. (Para 2)
Prosecutrix was alleged to be mentally retarded. She was medically examined at IGMC, Shimla, as well as PGI, Chandigarh. Prosecutrix gave birth to a female child on 19.6.2008 at KNH, Shimla. Blood samples of the prosecutrix, the baby, and the accused were taken for a DNA test. As per the report, the accused was the biological father of the female child. The accused was arrested. After completion of the investigation, the Investigating Officer submitted the charge sheet against the accused for the offences under Sections 376 and 506 IPC. The accused pleaded not guilty, and therefore, he came to be tried by the learned trial Court for the aforesaid offences.(Para 2)
The Apex Court bench noted that there is not in dispute that the accused had sexual intercourse with the victim and that the victim delivered a baby child and that the accused is found to be the biological father of the baby child delivered by the victim.
“It is required to be noted that it is a case of sexual assault on the victim whose IQ was 62 and was mentally retarded that accused has taken undue advantage of the mental sickness/illness of the victim. A person suffering from a mental disorder or mental sickness deserves special care, love, and affection. They are not to be exploited. In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness. Therefore, no interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for.” (Para 13)
View/Download Judgment: Chaman Lal V. The State of Himachal Pradesh
Pranav
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