Court affirms 10-year sentence; orders compensation for victim while emphasizing the sufficiency of victim's testimony in rape convictions.
In a significant judgment, the Punjab and Haryana High Court has upheld the conviction and 10-year rigorous imprisonment sentence of Dhanwant Singh, a religious preacher, for the rape of a young woman in 2000. The court maintained the trial court's decision, highlighting that the victim's credible and reliable testimony alone suffices for conviction in rape cases.
The incident occurred during the night of November 25/26, 2000, at Dhanwant Singh's dera in Kot Pallian, where the victim was advised to seek guidance from Singh regarding her education. The victim alleged that Singh called her to his room under the guise of discussing her studies and then forcibly raped her. Despite the delay in reporting the crime, the court found the victim's testimony consistent and credible, dismissing the defense's argument of conspiracy and false implication.
Justice Ramesh Kumari emphasized the importance of considering the inherent bashfulness and tendency to conceal such incidents among victims, which often leads to delayed reporting. The court also declined the victim's request for a life sentence for Singh, stating that the certainty of punishment is more crucial than severity for deterring crime.
Furthermore, the court awarded a compensation of Rs. 6 lakhs to the victim, acknowledging the trauma and prolonged pursuit of justice she endured. This decision aligns with the guidelines set in the landmark case of Nipun Saxena v. Union of India.
The judgment reiterates the legal stance that a victim's solitary testimony, if trustworthy, is sufficient for conviction in sexual assault cases, reinforcing the principle that no self-respecting woman would make such allegations unless true.
Bottom Line:
The sole testimony of the victim in a rape case, if credible and reliable, is sufficient for conviction. The inherent bashfulness and tendency to conceal sexual aggression justify delays in reporting such incidents.
Statutory provision(s): Indian Penal Code, 1860 Section 376, Evidence Act, 1872 Section 118, Criminal Procedure Code, 1973 Section 357
Dhanwant Singh v. State of Punjab, (Punjab And Haryana) : Law Finder Doc id # 2960294
