Gauhati High Court Upholds 20-Year Sentence for Stepfather Convicted of Raping Partially Blind Minor
Partially blind girl had ‘capacity to identify’ abuser: Gauhati High Court backs 20-year jail for stepfather who raped minor
The Indian Express
Image: The Indian Express
The Gauhati High Court in Assam, India, confirmed a 20-year prison sentence for a man convicted of raping his 14-year-old partially blind stepdaughter. The court ruled that her visual impairment did not hinder her ability to identify him as the perpetrator, emphasizing the reliability of her testimony.
- 01The Gauhati High Court upheld a 20-year sentence for a stepfather convicted of raping his minor stepdaughter.
- 02The court found the survivor's partial blindness did not affect her ability to identify her abuser.
- 03The survivor's testimony was deemed consistent and trustworthy, supporting the conviction.
- 04The defense argued the survivor was over 18 at the time and questioned the lack of DNA evidence.
- 05The court emphasized the importance of the survivor's testimony in sexual assault cases.
Advertisement
In-Article Ad
The Gauhati High Court dismissed an appeal from a man sentenced to 20 years in prison for raping his 14-year-old partially blind stepdaughter. The court ruled that her partial visual impairment did not prevent her from identifying him as the perpetrator. Justices Michael Zothankhuma and Rajesh Mazumdar found her testimony to be cogent and reliable, despite the defense's claims regarding her age and the absence of DNA evidence. The survivor became pregnant as a result of the assault, and the court highlighted the evidentiary value of her statement, likening it to that of an injured witness. The court maintained that unless compelling evidence suggests otherwise, the testimony of a survivor is sufficient for conviction. The stepfather's appeal was ultimately dismissed, upholding the trial court's decision under the Protection of Children from Sexual Offences (POCSO) Act.
Advertisement
In-Article Ad
This ruling reinforces the importance of survivor testimony in sexual assault cases, particularly in instances involving minors and individuals with disabilities.
Advertisement
In-Article Ad
Reader Poll
Do you think survivor testimony should be given more weight in sexual assault cases?
Connecting to poll...
Read the original article
Visit the source for the complete story.