Bombay High Court confirms life sentence for man convicted of raping 4-year-old in 1999

The Bombay High Court (Aurangabad Bench) has upheld the conviction and life sentence awarded to the accused for raping a four-year-old girl in February 1999. The bench comprising of Justices Nitin B. Suryawanshi and Sandipkumar C. More, dismissed the appellant’s plea challenging his conviction under Section 376(2)(f) of the Indian Penal Code.

The case arose from a horrifying incident in Degloor, District Nanded, where the victim, aged four, had gone to play at the house of her friend, daughter of the accused. The accused lured her with sweets, took her inside, and allegedly committed rape. The child returned home in distress and disclosed the incident to her mother. A police report was lodged the next day, and the accused was arrested and tried.

The defence argued that the conviction was based merely on the child’s version, without corroborating forensic evidence. It was argued that the child’s testimony was vague and possibly tutored, and that no semen or blood was found during forensic analysis. However, the Court held that these contentions did not undermine the case, particularly as the medical examination confirmed hymenal tear consistent with forceful penetration.

The Court held that the absence of semen or blood on the victim’s body or clothes does not weaken the prosecution’s case, particularly in light of consistent medical and eyewitness testimony. The Court found the evidence of the victim, her mother, and the examining doctor to be credible and corroborative. Minor discrepancies in the child’s testimony were deemed natural and not material.

Given the medical confirmation of sexual assault and the age of the victim who was of the same age as the accused’s daughter, the Court termed the act “serious and condemnable.” Finding no fault in the trial court’s appreciation of evidence, the High Court dismissed the appeal, directing the appellant to surrender within three months to serve the life sentence. His bail bond was ordered to stand cancelled.