Madurai: A rape victim in duress may walk back on her complaint but the scientific evidence based on the medical reports alone will be sufficient to convict the rapist, ruled Madras High Court Madurai Bench. The observation was made while it was hearing a plea for discharge in a gangrape case involving a minor victim.
The bench comprising Judges Nishaphanu and Anand Venkatesh upheld the double life sentence awarded by the lower court and dismissed the discharge please from the convicts Ilavarasan and Karthik. The court noted that the victim might have been influenced by the convicts or by someone at his behest.
It said that this cannot be used as a ground to claim that crime never took place and to seek relief from the punishment. The court observed that it would rely upon the medical reports used to convict the suspect. These reports do not lie, it said. The victim had earlier had given her statement to the doctor.
Usually, in Protection of Children Against Sexual Offences (POCSO) act cases, child victims and witnesses do not come forward to testify against the culprits out of social taboo. The fear for the criminals will also have a bearing on the testimonials of the victim and the witnesses. This could be one such case, the court observed.
Also read: TN girl kills man who attempted to rape her
The doctor who examined her had given a report which was perused by the lower court while awarding the punishment. The said medical report established the sexual assault. DNA reports too have indicated the same. These documents were used as scientific proof by the lower which had awarded a double life sentence to the suspects.
The bench upheld the lower court's ruling on these aspects. The gangrape was reported in Thanjavur where six persons abducted a student who was on her way to her tuition class. She was taken to a secluded place and was sexually assaulted by the gang. The Court also junked the petition which challenged the lower Court's order.
