The Delhi High Court has upheld the conviction and ten years’ rigorous imprisonment of a youth for sexually assaulting a three-year-old girl here 14 years ago, rejecting the claim of the accused that he had been falsely implicated in the case.
The trial court had held accused Rajesh, son of the maternal uncle of the victim’s father, guilty of the offence on the sole evidence of the prosecutrix mother. Though the victim’s mother had told the police that her daughter confided to her after being sexually assaulted by her relative that “he had done gandi baat with her”, the Court interpreted the statement as a complaint of rape by the kid.
The Court also rejected the argument by counsel for the accused that the victim’s mother had not specifically stated that her daughter had been sexually assaulted. It also dismissed the argument by the accused that the he had been implicated in the case as his mother refused sell her property to the victim’s father to allow him to extend and rebuild his house.
The accused had come to the house of the victim’s mother to collect a kite lying on the roof of the house and taken the victim along. According to prosecution, he had sexually assaulted the kid in a room on the roof.
The forensic test and the medico-legal case as well as the kid being last seen with the accused also proved that he had committed the crime.