New Delhi: The Supreme Court has overturned the decision to acquit a person in a 40 -year -old rape case. The court said that during the trial, when a young girl was asked about the incident and tears were flowing from her eyes, her silence cannot be considered a sign of innocence of the accused. The Supreme Court strongly criticized the insensitivity of the Rajasthan High Court judge, who acquitted a minor guilty of rape in 1987. The trial court sentenced the accused to seven years, but the High Court acquitted him/her in just six-pages after 26 years. According to the trial court, the child victim did not say anything during the cross-examination but when asked again, she started crying quietly. The High Court took it in favor of the accused and acquitted him/her. Now the Supreme Court Justice Sanjay Karol has ruled while hearing the matter. The court said that the child’s silence cannot be taken in favor of the accused. This silence is of a baby girl, who cannot be considered equal to the silence of a sensible adult woman. She further said that the victim did not turn off her statement, but she was silent due to shock. he/she cannot be given full responsibility to punish the guilty.
Punishment restored again
Punishment restored again
The Supreme Court, after reviewing medical and evidence, said that the accused Chhatra committed a heinous crime with the girl. The medical report also pointed out that the victim had a serious sexual attack. Based on this, a bench of Justice Vikram Nath and Justice Sanjay Karol canceled the decision of the Rajasthan High Court and restored the sentence given by the trial court to the accused.
Order to surrender in four weeks
In 1987, when the accused Chhatra was convicted, he/she was 22 years old. Now he/she is more than 60 years old. The Supreme Court has directed him/her to surrender to the concerned authorities within four weeks, so that he/she can complete his/her sentence.
