Sikkim HC upholds conviction of 24-year-old man for raping his 80-year-old grandmother

The Sikkim High Court has upheld the conviction of a 24-year-old man for raping his 80-year-old maternal grandmother.

The Division Bench of Judge Meenakshi Madan Rai And Judge Bhaskar Raj Pradhan made the decision and confirmed the judgment of the Fast Track Sessions Court.

The incident came to light when the victim, called PW-2, refused to leave a neighbour’s house when her daughter, PW-3, was returning from West Bengal. PW-2 stated that her grandson, the accused, had raped her. She reported that the accused had repeatedly molested and assaulted her in an intoxicated state and threatened her with death if she disclosed his acts. She also mentioned his previous imprisonment.

The court stressed that the court had thoroughly analysed the evidence and justified the delay in filing the FIR. The victim’s hesitation to report the crime was understandable considering that the perpetrator was her grandson. “The court therefore saw no reason not to believe the victim, an elderly woman, since at her age it is unlikely that she would make such allegations against her own grandchild unless she had no other choice.” the court noted.

“After carefully considering the evidence before us, the facts and circumstances of the case, and the arguments presented, we of the Court are of the considered opinion that the Court has carefully considered the case, and we see no reason to depart from the findings of the Court. Both the judgment under appeal and the order for judgment are accordingly affirmed.” said the court.

In her testimony before the court, the victim consistently reiterated the facts set out in the FIR. Moreover, the medical examination did not rule out the possibility of sexual assault. The Supreme Court acknowledged the thorough investigation by the court and upheld the conviction of the accused.

The trial court had convicted the appellant under Section 376(2)(f), Section 376(2)(n) and Section 506 of the Indian Penal Code, 1860. For each of the offences of rape for which he was convicted, the appellant was sentenced to imprisonment for life and to pay a fine of ₹10,000/- (Ten Thousand Rupees). Under Section 506 of the Indian Penal Code, he was sentenced to imprisonment for two years and to pay a fine of ₹1,000/-. The terms of imprisonment were to be served concurrently and the fines were subject to default clauses.

Title of the case: X. v. State of Sikkim (Neutral Citation: 2024: SHC: 76)

Look:-

applicant: Attorney DK Siwakoti, Attorney (Legal Aid Advisor)

Defendant: Additional Public Prosecutor (APP) Shakil Raj Karki

Click here to read/download the judgment