Sikkim HC convicts 24-year-old man of multiple rapes of his 80-year-old grandmother

In a shocking incident, a 24-year-old man in Sikkim raped his 80-year-old maternal grandmother multiple times. The Sikkim High Court has upheld the verdict of the trial court which had sentenced the man to life imprisonment and a fine of Rs 10,000. In addition, he was sentenced to two years’ imprisonment and a fine of Rs 1,000 for criminal intimidation as he had constantly threatened his grandmother to harm her further if she complained. However, the accused has appealed against his conviction in the Supreme Court.

According to reports, the grandmother lived in Sikkim with her daughter, son-in-law and son. The repeated assault on the 80-year-old woman came to light when her daughter returned from a trip to West Bengal. She found her mother missing and was later found in a neighbour’s house. The survivor then reported the assault she had suffered.

FIR filed disclosing the details of the serious crime

An FIR was filed in which the 80-year-old revealed everything in detail. She said that the accused followed her while drunk and touched her inappropriately. She also stated that the accused raped her several times and threatened to silence her. The woman’s medical examination also confirmed the attack.

The court’s guilty verdict

During the trial, the woman constantly accused her grandson of raping her. The Fast Track Sessions Court convicted the accused under Sections 376(2)(f) (rape of relative, guardian, etc.), 376(2)(n) (repeated rape of the same woman) and 506 (criminal intimidation) of the Indian Penal Code.

However, the defendant appealed his conviction before the Supreme Court.

The defendant’s appeal before the Higher Regional Court

The defense said the survivor’s age was misrepresented, the delay in filing the complaint was not investigated, her clothes were not confiscated and there were no physical injuries. It also said the neighbor, the main witness to the crime, did not testify. Pointing out the defendant’s history of alcoholism, the defense suggested a psychiatric examination of the defendant.

But the Supreme Court under the leadership Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan upheld the lower court’s guilty verdict based on convincing evidence and a thorough trial.

Supreme Court confirmed the judgment of the Court of First Instance

Addressing the defence’s claim that there was a delay in the FIR, the court said that the survivor’s reticence was understandable considering family relationships. The court cited the Supreme Court order which clearly stated that delay in filing FIR in rape cases does not detract from the seriousness of the survivor’s case, especially when it involves close family members. Therefore, the top court said, “She was too ashamed and did not tell anyone about the incident, which is absolutely understandable in the circumstances mentioned.”

The court further upheld the verdict of the Court of First Instance, saying, “In this case, in addition to the victim, the accused’s grandmother, even the accused’s mother herself came forward to report the matter against her own son. It is therefore obvious that it was only under the sheer duress of having been repeatedly raped by her accused grandson that the mother mustered the courage to finally approach the police.”

The judges said the court had “no reason not to believe the victim, an elderly woman, since at her age it was unlikely that she would make such allegations against her own grandchild unless she had no other choice.”

The Court therefore restored the seriousness of the crime and the convincing evidence of the survivor and dismissed the appeal of the appellant/defendant.