Case Background and Court's Observation The Kerala High Court recently upheld the conviction of a 27-year-old man accused of raping a 13-year-old girl, emphasizing that no parent would lodge a false rape case against their unmarried daughter. The court, led by Justices P.B. Suresh Kumar and M.B. Snehalatha, found the accused guilty of sexual abuse and rape, rejecting his defense that the case was fabricated by the victim's parents to end a romantic relationship.
Nature of the Crime and Legal Proceedings The case arose from incidents between March and September 2012, where the accused, after befriending the minor through Facebook, allegedly raped her and committed robbery. The prosecution asserted that the accused trespassed into the victim's house and assaulted her, actions for which he was later sentenced to life imprisonment under Sections 450, 376, and 392 of the Indian Penal Code (IPC).
Arguments and Court’s Response The accused contended that he was in a consensual relationship with the victim and that the charges were brought against him by her parents to prevent their union. The court dismissed this argument, stressing that even if a romantic relationship existed, the victim’s minor status rendered any such relationship illegal. The court also addressed the accused's claims regarding the delay in filing the First Information Statement (FIS) and alleged inconsistencies in the victim's testimony, ruling them inconsequential.
Examination of Evidence and Judgment Key evidence included the recovery of gold ornaments and an ATM card from the accused, which he had stolen from the victim's house. The court noted that the accused had threatened the victim with public humiliation by releasing explicit photos, contributing to her delayed reporting of the crime. This, coupled with the victim's vulnerable age, led the court to affirm the reliability of her testimony and that of her parents.
Court's Decision and Sentencing The court upheld the accused's conviction, though it modified the sentence under Section 376 from life imprisonment to ten years of rigorous imprisonment, alongside a fine. The court's decision underscores the serious approach it takes toward crimes involving minors and false defenses grounded in purported consensual relationships with underage victims.
Implications of the Judgment This ruling sets a significant precedent, reinforcing that the courts will not easily entertain defenses suggesting that parents would fabricate rape charges to control their daughters' relationships. The judgment highlights the judiciary's commitment to protecting minors from sexual exploitation, while also addressing societal taboos around reporting sexual violence.
The case, cited as Ratheesh @ Akku v. State of Kerala (Crl. Appeal No. 886 of 2017), reflects the Kerala High Court's stance on safeguarding minors and ensuring that justice is served even in complex, sensitive situations involving allegations of sexual assault.
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