Tajganj: Convict in rape case of speech and mentally impaired woman sentenced to 10 years of rigorous imprisonment; court accepts gestures and written statement by sister as solid evidence
In a case involving the rape of a speech and mentally impaired woman, a fast-track court has convicted the accused and sentenced him to 10 years of rigorous imprisonment. The court has also imposed a fine of 20 thousand rupees on the convict. The case pertains to the Tajganj police station area. The court considered the victim's […]
What was the case
According to the FIR registered at Tajganj police station, the incident took place on the afternoon of 20 May 2024. The woman's father alleged that he was sleeping outside the house at the time. His wife was at her maternal home, and other family members were out for work. The 18-year-old daughter, who is mentally impaired and mute, was alone at home.
The complaint stated that Govinda alias Hargovind, who runs a shop in the neighborhood, entered the house and raped the woman. According to the father, when he woke up and went inside, the accused fled upon seeing him. The daughter reached him crying. Later, when the younger sister asked, the victim described the incident through gestures.
How the case was proven in court
The investigating officer completed the investigation and filed a charge sheet in court on 12 June 2024. The prosecution presented five witnesses, including the victim and her younger sister. The victim presented her account in court through gestures, which the younger sister recorded in writing as a statement. The defense also presented four witnesses, who claimed that an assault had taken place.
Based on the evidence and witnesses, the court found the accused guilty and imposed the sentence along with a fine.
Defense arguments that did not hold up in court
The accused's counsel presented several arguments:
- The investigating officer did not make people from the vicinity of the crime scene witnesses.
- The doctor did not provide clear confirmation of rape.
- The FIR was registered two days after the incident.
- No independent witness was presented.
The court did not accept these arguments. The court stated that the accused cannot be given the benefit of lapses in the investigation, and registering an FIR two days later does not fall under the category of delay. Regarding the question of an independent witness, the court said that a person whose daughter is mentally impaired would not level such an allegation, which is considered a stigma in society, by putting his own reputation at stake without cause.
