Sikkim High Court Upholds 10-Year Sentence for Rape of Woman with Disabilities
‘Truth can’t be suppressed in her silence’: Sikkim High Court upholds 10-year jail for rape of woman with cerebral palsy
The Indian Express
Image: The Indian Express
The Sikkim High Court has upheld a 10-year prison sentence for a man convicted of raping a 25-year-old woman with 70% intellectual disability and cerebral palsy. The court emphasized that the survivor's ability to communicate should not undermine the pursuit of justice, affirming the importance of corroborating medical evidence.
- 01The Sikkim High Court confirmed a 10-year prison sentence for the accused.
- 02The court highlighted the importance of the survivor's communication despite her disabilities.
- 03Medical and forensic evidence corroborated the survivor's claims of rape.
- 04The accused admitted to working in the survivor's home, linking him to the crime.
- 05The court ordered a compensation of ₹4 lakh (approximately $4,800 USD) to the victim.
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The Sikkim High Court upheld a 10-year rigorous imprisonment sentence for a man convicted of raping a 25-year-old woman with 70% intellectual disability and cerebral palsy. In its judgment dated April 29, the court dismissed the accused's appeal, emphasizing that the survivor's communication should not hinder justice. The court noted that a special educator confirmed the survivor could communicate her experiences, despite her disabilities. The judges stated that the inability to name the aggressor should not undermine the prosecution's case, as corroborating medical and forensic evidence confirmed the assault. The accused, who had worked in the survivor's home, was found to be the only possible perpetrator. The court also ordered a compensation of ₹4 lakh (approximately $4,800 USD) to the victim under the Sikkim Compensation to Victims Scheme, 2021, reinforcing the commitment to support survivors of sexual violence.
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This ruling reinforces the legal protections for survivors of sexual violence, particularly those with disabilities, ensuring they receive justice and support.
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