Despite inconclusive forensic evidence, the High Court affirms the ten-year sentence of Sandeep Gajmer for rape, relying on the victim's deposition and medical testimony.
In a significant ruling, the Sikkim High Court has upheld the conviction of Sandeep Gajmer, affirming the ten-year rigorous imprisonment sentence imposed by the Special Judge under Section 376 of the Indian Penal Code, 1860. The decision emphasizes the sufficiency of the victim's testimony, medical evidence, and witness statements in establishing the appellant's guilt beyond a reasonable doubt, despite the absence of conclusive forensic evidence.
The Division Bench comprising Justices Meenakshi Madan Rai and Bhaskar Raj Pradhan delivered the judgment, which scrutinized the evidence presented in the trial court. The case revolved around the events of March 2022 when the victim, a minor according to the initial report, was allegedly raped by Gajmer in a bus he drove. The victim's testimony, recorded under Section 164 of the Criminal Procedure Code, and her subsequent deposition in court, were pivotal in the conviction. The court noted that despite minor discrepancies and exaggerations in her statements, the core allegations remained consistent and credible.
The appellant's defense challenged the lack of forensic evidence and the failure to establish the victim's minority as per the Protection of Children from Sexual Offences Act, 2012. However, the court found that these factors did not undermine the substantial evidence, including the victim's deposition and corroborative medical testimony, which confirmed the physical assault.
The High Court also addressed the issue of the test identification parade, acknowledging the prosecution's failure to produce the report, but noted that the appellant's identification in court was undisputed and further supported by the appellant's own admissions during cross-examination and under Section 313 of Cr.P.C.
Justice Bhaskar Raj Pradhan, delivering the judgment, emphasized that the victim's testimony in sexual assault cases is central to the prosecution, and while forensic evidence can provide strong support, its absence does not negate other substantial evidence. The decision reinforces the legal principle that victim testimony, when credible, can be the basis for conviction in sexual assault cases.
The court also recommended a compensation of Rs. 1,00,000 to the victim under the Sikkim Compensation to Victims Scheme, recognizing the trauma endured.
This judgment underscores the judiciary's commitment to upholding justice in sensitive cases of sexual violence, emphasizing the importance of victim testimony in the absence of conclusive forensic evidence.
Bottom line:-
Conviction for rape upheld based on corroborative evidence from the victim's deposition, medical reports, and testimonies of witnesses, despite discrepancies and lack of conclusive forensic evidence.
Statutory provision(s): Indian Penal Code, 1860 Section 376, Indian Evidence Act, 1872 Section 114(g), Protection of Children from Sexual Offences Act, 2012 Section 2(d), Criminal Procedure Code, 1973 Section 164, Section 313
