New Delhi, Aug 14 The Delhi High Court on Friday upheld the conviction of a man for sexually assaulting a visually impaired minor girl in his van, noting that he took advantage of her vulnerability.
The high court, however, modified his jail term from 20 to 14 years, noting that in view of a Supreme Court judgment, the trial court could have imposed either the minimum sentence of 10 years or life sentence for the offence of rape and not a fixed sentence exceeding 14 years.
The 12-year-old girl had lost her eyesight at the age of three.
"The appellant/ accused, taking advantage of her (victim) vulnerability, took her in his vehicle, restrained and threatened the children accompanying her and raped her. The manner in which the offence was committed is also an aggravating circumstance," Justice Chandrasekharan Sudha said.
The court said the victim was not an adult capable of independently protecting herself from the situation in which she was placed and no substantial mitigating circumstance has been brought on record which would justify interference with the sentence imposed by the trial court.
However, it said that in light of a Supreme Court's judgment, the trial court could not have imposed a sentence of 20 years, though the high court and the apex court are empowered to do so.
"Hence, considering the nature and gravity of the offence and the facts of the case on hand, the sentence is modified to a period of 14 years' rigorous imprisonment," the high court said while partly allowing the convict's appeal.
According to the prosecution, Saleem sexually assaulted the minor girl in September 2013 in front of a dargah near Humayun Tomb here in a van after taking advantage of her vulnerability.
The victim's brother, who was present in the van when the crime took place, testified that he, along with his sister, had gone to the market when the accused asked them to accompany him, but they refused.
Thereafter, he offered to drop the siblings and two other children to their home in his van and they boarded the vehicle. After some time, he stopped the vehicle and gagged them and raped his sister, the witness said.
The driver dropped the children near a park and gave some money to them and threatened to stab them if they disclosed the incident to anyone, the victim's brother submitted.
The accused denied the allegations and maintained his innocence. On the point of sentence, the man urged the high court to take a lenient view.
