Today, On 1st July, Patna High Court asserted that parents cannot tarnish their daughter’s reputation regarding her chastity, especially in the context of a rape case. The court emphasized the importance of preserving a woman’s dignity and condemned any attempt to malign her character, stressing the need for sensitivity and respect in such matters.
Patna: The Patna High Court highlighted that no parent would defame their daughter regarding her purity. This observation made in the case of Deo Narayan Yadav @ Bhulla Yadav vs. The State of Bihar (Criminal Appeal (DB) No. 871 of 2017), where the court upheld the appellant’s conviction under Section 376 of the Indian Penal Code (IPC) and Section 3/4 of the Protection of Children from Sexual Offences (POCSO) Act, 2012.
The case stemmed from an FIR filed on August 4, 2015, at Palasi Police Station in Araria district, Bihar. The minor victim accused three individuals, including Deo Narayan Yadav, of raping her.
The incident reportedly occurred as the victim returning from a local market. The accused allegedly threatened her with a knife and carried out the assault in a nearby bamboo grove. The victim’s father, who working in Ludhiana, informed about the incident six months later.
This led to a village Panchayat that imposed a fine on the accused. When the fine not paid, the victim’s family filed a criminal complaint.
The case involved several critical legal issues,
- Age Determination of the Victim: The court had to determine whether the victim was a minor at the time of the incident, which is crucial for the application of the POCSO Act.
- Delay in Filing the FIR: The defence argued that the delay in lodging the FIR indicated that the case fabricated.
- Credibility of the Victim’s Testimony: The defence claimed that the victim and her family had ulterior motives, such as extortion or forcing a marriage.
In its judgment, the bench, comprising Justice Ashutosh Kumar and Justice Jitendra Kumar, carefully examined the evidence, including the testimonies of the victim, her parents, and medical reports.
Key Observations:
- Credibility of the Victim and Her Family: The court rejected the defence’s argument that the case was fabricated for extortion or marriage. It noted that parents in society are often reluctant to report sexual assault cases due to the social stigma.
- Delay in Filing the FIR: The court accepted the victim’s explanation that she was threatened by the accused, which caused the delay in reporting the incident.
- Age Determination: While the prosecution failed to provide conclusive documentary evidence to prove the victim’s age, the court relied on medical opinions and other evidence to determine that she was a minor.
The court upheld the conviction of the accused, Deo Narayan Yadav, under Section 376 of the Indian Penal Code and Sections 3 and 4 of the POCSO Act. He sentenced to life imprisonment and fined Rs. 50,000 under the IPC and Rs. 20,000 under the POCSO Act, with the sentences to run concurrently.
Furthermore, the court advised the Bihar State Legal Services Authority to grant additional compensation to the victim in accordance with the Bihar Victim Compensation Scheme, 2014
Read Also: Women Should Not be Subordinated in Marriage: Justice BV Nagarathna
The court also addressed the broader implications of such actions, noting that questioning a woman’s chastity based on unfounded or biased perceptions contributes to the victim-blaming culture prevalent in society. The judgment called for a more compassionate and respectful approach towards victims of sexual crimes, urging society to support and stand by them rather than subjecting them to further trauma.
This decision by the Patna High Court is seen as a significant step towards safeguarding women’s rights and ensuring justice in cases of sexual violence. It sends a strong message that the judicial system will not allow any attempts to degrade or dishonour victims of rape, thereby reinforcing the principle of respect and protection for all women.