News UpdatesRape Of 3yr Old Child: Bombay High Court Upholds Rape Conviction & Life Sentence Of Accused [Read Judgment] Nitish Kashyap27 Oct 2020 8:41 PMShare This – xThe Bombay High Court while dismissing an appeal against conviction filed by a 27-year-old man convicted of raping a 3 year old girl observed that the victim at such a tender age cannot be expected to reveal the manner in which the incident took place and that the prosecution has proved the offence against the accused beyond reasonable doubt.Division bench of Justice S Shinde and Justice…Your free access to Live Law has expiredTo read the article, get a premium account.Your Subscription Supports Independent JournalismSubscription starts from ₹ 599+GST (For 6 Months)View PlansPremium account gives you:Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.Subscribe NowAlready a subscriber?LoginThe Bombay High Court while dismissing an appeal against conviction filed by a 27-year-old man convicted of raping a 3 year old girl observed that the victim at such a tender age cannot be expected to reveal the manner in which the incident took place and that the prosecution has proved the offence against the accused beyond reasonable doubt.Division bench of Justice S Shinde and Justice MS Karnik was hearing a criminal appeal filed by one Sudam Shelke who was convicted under Section 376 (2)(f) of the Indian Penal Code and sentenced to life by the Additional Sessions Judge, Nashik.Case BackgroundThe FIR was registered by the victim’s grandmother. The victim was about 3 years and 8 months of age on the date of the incident and was residing along with her grandparents and parents. The incident took place on September 12, 2014 and it occurred around 3 pm. The victim went into the hotel (dhaba) while playing. The victim’s grandmother is the owner of the hotel which is just in front of her residence. The victim girl came home with a mobile phone. The accused told the victim’s grandmother that the phone belongs to him and he had given the phone to the victim to play. Then the victim’s grandmother carried on with her work. Thereafter, 10-15 minutes later, the complainant’s husband (victim’s grandfather) came back from the agricultural field and enquired about the victim. Her grandmother informed him that she is playing in front of the house. The victim, however, was not found, therefore they searched for her. Victim’s grandmother went towards the agricultural field and she heard noise of weeping from the agricultural field. The same was of her granddaughter – the victim. At that time, the complainant saw the accused running from the field towards the road.As per the prosecution, the complainant saw that the victim had suffered injuries on her waist and blood was oozing from her private part. There were no underclothes on her person. When the complainant asked her granddaughter about the same, she was too terrified to disclose anything. The victim was taken to the hospital of Doctor Chandurkar in village Nandur, Shingote and was examined by Dr.Anita Satish Kanitkar. The doctor suspected that the said injuries might be due to sexual assault on victim and suggested that the victim should be taken to the civil hospital. The complainant informed the victim’s parents about the incident in the evening at 7 pm and the next day morning, at around 7 am, the victim disclosed to her grandmother and her own mother that the “mobilewala baba (accused) took her to the said agricultural field, removed his clothes and hers and slept on her person. Subsequently, FIR was lodged and the investigation was carried out by Hemant Patil. Medical examination of the victim was conducted by Dr.Mahesh Khairnar and he opined on the basis of the examination the fndings are consistent with recent sexual assault. He deposed that the injury was recent within 24 hours. The collected samples were handed over in a sealed condition to the police constable. JudgmentAdvocate Aniket Vagal appeared on behalf of the appellant accused and cross examined the complainant’s grandmother. Adv Vagal suggested that the activities in the feld would not be visible from her house and therefore the complainant could not have noticed the incident or the accused running away from the feld. He also tried to suggest that bajra crop was thick and the incident could not possibly have taken place in the agricultural field. The defence argued that the victim went to answer nature’s call in the agricultural field which resulted in the injuries. After examining all the facts and evidence presented before it, Court observed-“We find no merit in the contentions of the accused that as the accused has not sustained any injuries on his private part, his complicity is ruled out. The victim is only 3 years and 8 months old. The trial Court has observed that medical jurisprudence shows that in young children, there are few or no signs of general violence, for the child usually has no idea of what is happening and also incapable of resisting. The hymen is deeply situated and as the vagina is very small, it is impossible for the penetration of the adult organ to take place. Usually the penis is placed either within the vulva or between the thighs. As such the hymen is usually intact and thereby may be little redness and tenderness of the vulva. To attract the provisions of section 376 of IPC, complete penetration is not required, slight penetration is also sufficient. We are in agreement with the view of the trial Court that no benefit can be given to the accused merely because he has not sustained any injury on his private part.”Moreover, the bench rejected the defence’s arguments-“In the present facts the evidence shows that on the date of the incident the victim was not in a position to narrate anything about the incident which is but natural considering her tender age. She had to be taken to the hospital for treatment. It is next day morning on 13/09/2004, she disclosed about the incident. At 8 am the report was lodged. The victim was hardly 3 years and 8 months old on the date of the incident. In such circumstances, it cannot be said that there is any delay in lodging FIR. It can hardly be expected of her to reveal the manner in which the incident happened and that too with promptitude.”Dismissing the appeal, Court said-“So far as question of punishment is concerned, we are of the same view as the trial Court that having regard to the fact that the accused is 27 years of age, a resident of the same village who betrayed the trust of the victim & became a violator deserves no leniency. We therefore do not find any infirmity in the order passed by the trial Court, consequently, Appeal is dismissed.”Click Here To Download Judgment[Read Judgment]Subscribe to LiveLaw, enjoy Ad free version and other unlimited features, just INR 599 Click here to Subscribe. All payment options available.loading….Next Story
This semester, Harvard Law School launched the Law and History program of study. The new program of study joins six others, including Law and Social Change, Law and Business, and Law, Science and Technology. These programs guide students in navigating HLS’ extensive course offerings and connect them with faculty whose interests they share. The Law and History program of study is headed by two faculty leaders: Professor Tomiko Brown-Nagin, who is also a professor of history in the Faculty of Arts and Sciences, and Professor Kenneth Mack.In this Q&A, Brown-Nagin discusses the origins and goals of the new program of study as well as her own scholarship.What does the Law and History program of study aim to do?The goal of the program is to make students aware that there are a number of world class legal historians on the faculty at Harvard Law School who have a lot to offer to students who are interested in history casually, but also to students who might be considering a career in academia. We’re also building community. As of next year, we will be including students in the legal history colloquium, which will be a class where students can meet professors who are coming to present their work. I think there’s a fabulous opportunity for students to network with people who are successful in their profession.Read the rest of the interview on the Harvard Law School website. Read Full Story
Associated Press ___For more AP college basketball coverage: https://apnews.com/Collegebasketball and http://twitter.com/AP_Top25___This was generated by Automated Insights, http://www.automatedinsights.com/ap, using data from STATS LLC, https://www.stats.com February 26, 2020 SAVVY SENIORS: Towson’s Brian Fobbs, Nakye Sanders and Dennis Tunstall have collectively accounted for 41 percent of the team’s scoring this season, including 50 percent of all Tigers points over the last five games.FUELING THE OFFENSE: Desure Buie has been directly responsible for 61 percent of all Hofstra field goals over the last three games. The senior guard has 24 field goals and 22 assists in those games.WINLESS WHEN: Towson is 0-6 when scoring fewer than 60 points and 17-6 when scoring at least 60.UNBEATEN WHEN: The Pride are 18-0 when they score at least 72 points and 4-7 when they fall shy of that total. The Tigers are 5-0 when recording at least 15 offensive rebounds and 12-12 when they fall short of that total.DID YOU KNOW: Hofstra is ranked first among CAA teams with an average of 76.8 points per game. Hofstra looks to extend streak vs Towson Share This StoryFacebookTwitteremailPrintLinkedinRedditTowson (17-12, 10-6) vs. Hofstra (22-7, 13-3)Mack Sports Complex, Hempstead, New York; Thursday, 7 p.m. ESTBOTTOM LINE: Hofstra looks for its sixth straight win in the head-to-head series over Towson. In its last five wins against the Tigers, Hofstra has won by an average of 10 points. Towson’s last win in the series came on Feb. 9, 2017, a 69-65 victory.