While upholding the conviction of a person convicted for the rape of a minor girl, the Bombay High Court’s Aurangabad Bench noted that a mother has “divine powers” to perceive the child’s feelings without being articulated in words.
This point was made when Justice Vibha Kankanwadi was hearing the case it was claimed that the accused had not been adequately deposed in court.
The Court held that if the victim had not been able to accurately express the incident, the perpetrator would not be granted any benefit. In this case, it was noted that it was important to consider the other evidence provided by the prosecution.
An appeal against the conviction of the appellant, who was a 17-year-old child in conflict of law at the time of the incident, was heard by the Court. He was convicted of committing rape of a 4 year old girl by giving her gluttony of chocolates.
However, in the light of the fact that the crime was committed by a child in conflict of law, the sentence was reduced to five years of strict imprisonment in compliance with the provisions of the Juvenile Justice Act.
The Court also ordered the appellant, who was 20 years of age, to be held in a special home before he reached the age of 21.