Bihar Man Convicted For Raping Minor In 2015

SRINAGAR: A fast-track court in Srinagar on Saturday convicted a resident of Bihar for kidnapping and raping a 15-year-old girl in Habba Kadal area here in 2015.

“This court is of the considered opinion that prosecution has beyond any reasonable doubt succeeded in establishing its case fully, by way of reliable and clinching evidence and the documents placed on record have been fully proved and exhibited during trial, on the basis of which, no conclusion other than guilt of the accused stands established, as such accused is liable to be convicted for the offence punishable under Sections 363 and 376 of RPC,” said Renu Dogra Gupta, 2nd Additional Sessions Judge (Fast Track Court pertaining to rape cases). “This court accordingly convict the accused namely Santosh Kumar Paswan S/o Saider Paswan R/o Lalpora Bhim Nagar Bihar in the case FIR No.32 of 2016 of Police Station Kralkhud Srinagar for the commission of the offences punishable under Sections 363 and 376 of RPC”. The court has posted the case for announcing the quantum of punishment next week.

“This court cannot afford to overlook the situation in which a poor helpless minor girl had been raped by the accused who used to earn livelihood while working at her house as mason who as per the statement of the prosecutirx after taking benefit of absence of her family members at the relevant time, offered her juice due to which she fell unconscious and committed rape with her due to which she became pregnant,” the court said. Upon learning of her pregnancy, the accused suggested they run away together. The woman, under compulsion, agreed to his proposal, the court observed.

“The courts must, while evaluating evidence remain alive to the fact that in a case of rape, no self- respecting woman/girl would come forward in court just to make a humiliating statement against her honour such as is involved in the commission of rape on her,” the court said, adding, “In cases involving sexual molestation, supposed considerations which have no material effect on the veracity of the prosecution case or even discrepancies in the statement of the prosecutrix should not, unless the discrepancies are such which are of fatal nature, be allowed to throw out an otherwise reliable prosecution case.”

The police had filed the charge-sheet against Paswan regarding kidnapping and rape of the minor girl (name withheld) in 2016.

According to prosecution, on 1 September 2016 a complainant was lodged in Police Station Kralkhud to the effect of the girl's father that in his house a person namely Santosh Kumar Paswan was doing mason work and after completing his work at his home, he often used to visit his house.

The complainant said his daughter (name with-held) was missing from her house and that he is having strong doubts that she has been enticed. During the course of search, the girl and kidnapper were found riding on a motorcycle near Humhama and going in suspicious condition towards Airport, the prosecution said. Subsequently, the prosecution said, they were apprehended and brought to Police post Humhama. The motorcycle, Air Tickets of accused and prosecutrix from Srinagar to Delhi were seized, the prosecution said.

The medical examination of the prosecutrix (girl) was conducted by a doctor who has reported that in the womb of the prosecutrix a fetus of about 10 weeks and 6 days is present.

Actually, the prosecution said, the accused used to go to her home and after taking advantage of the minority and immaturity of the victim, the kidnapper had established illegal terms with the girl.