Conviction of balloon seller upheld in rape case

‘Victim’s testimony remained consistent’

The Delhi High Court on Monday upheld the conviction and ten-year rigorous imprisonment awarded to a man, who was a vendor of balloons, for raping an eight-year-old girl after enticing her with a balloon.

The court concurred with the decision of a trial court here ruling that the prosecution established that convict Rais alias Lala had “committed the offence for which he was charged beyond reasonable doubt”.

The prosecution had stated that the convict had enticed the victim by giving her ₹20 and one balloon and thereafter, lured her into bushes and had sexually assaulted her opposite Qutubgarh Telephone Exchange here.

When the victim raised an alarm, a passer-by heard her and rescued the victim. The convict tried to run away, but was apprehended.

In the 17-page judgment, Justice Vibhu Bakhru noted that throughout the trial, the testimony of the victim was “unambiguous” and remained consistent. She testified that when she raised an alarm, “one uncle” had come to save her.

The High Court remarked that although the medical evidence obtained in this case does not indicate that there was a complete penetrative assault, the same does not absolve the convict from committing a penetrative assault as described by the victim.

With the observations, the High Court dismissed the appeal filed by the convict against the trial court judgment, convicting him of the offence and sending him to ten years in jail.

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Printable version | Jul 5, 2020 6:29:58 PM |

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