Rape is a serious blow to a woman’s honour: Gauhati HC

DY365
DY365
Published: September 4,2020 10:13 AM
DY365

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September 4, 2020: While stating that rape is a serious blow to a woman’s honour and a crime against the whole society, the Gauhati HC has rejected a leniency appeal by a convict.

September 4, 2020: While stating that rape is a serious blow to a woman’s honour and a crime against the whole society, the Gauhati High Court has rejected a leniency appeal by a person convicted for raping a 20-year-old girl.



While delivering judgement on the petition of the accused Nasiruddin Ali from Digboi, Justice Rumi Kumari Phukan said that rape is a serious blow to a woman’s honour and a crime against the whole society. Ali was convicted under section 376 of the IPC and the trial Court sentenced him to rigorous imprisonment for a term of 9 years.





The victim worked in a private hospital as a daily wage earner. On the night of 26.11.09, at about 10:00 P.M., while the victim was on her way to home on foot from Digboi Chariali market and arrived near Digboi club, accused forcefully took her to the bathroom of nearby swimming pool and raped her.



The accused argued before the court that it is not lawful to punish him on the basis of the sole testimony of the victim. Citing the evidence on record, the court said that the victim’s statement alone can be accepted as the actual statement of the incident. This is supported by the defence’s statement as well as of other evidence on record. It was also observed that the victim had no enmity / dispute with the accused person. There is also supporting evidence in this case.





The bench dismissed the appeal filed against the conviction saying: "The chastity of a woman ruined as soon as such offence is committed, while in a civilized society, respect or reputation is a basic right. No member of society can afford to conceive the idea that he can create a hollow in the honour of a woman. Such thinking is not only lamentable but also deplorable. Youthful excitement and an attempt for momentary pleasure on the part of a person upon a woman, had a devastating effect in the entire body and mind of the victim. It is to be kept in mind that such offence lowers the dignity of a woman and mars her reputation. The Courts are sensitized that rape is a violation of victim’s fundamental right under Article 21 of the Constitution and rape victim is placed on a higher pedestal than an injured witness. Being the most hatred crime, rape tantamount to a serious blow to the supreme honour of a woman and is a crime against the entire society as well."



However, the court has reduced his sentence to seven years imprisonment considering the fact that he has been in jail since he was sentenced and he also has his family including 5 children.