Hyderabad: Maintaining that the parents of a young girl would not implicate any person in the serious crime of rape since it would affect family prestige and her marriage prospects, the Hyderabad High Court confirmed the sentence of 10 years imprisonment to one B. Sanjay Kumar for raping a minor girl.
Relying on the apex court’s advice against disbelieving the evidence of the victim, the High Court said that courts must bear in mind human psychology and behavioural probability when assessing the testimony of the victim.
Justice M. Satyanarayana Murthy was confirming the sentence on Sanjay Kumar awarded by the fifth additional metropolitan sessions judge (Mahila Court) at Hyderabad in 2008 for raping the minor with the help of his wife. The judge also imposed a fine on Sanjay Kumar.
The trial court had found the wife of the accused not guilty of aiding him, and acquitted her.
Justice Murthy said the testimony of the victim was worthy of credence.
The judge noted that though Sanjay Kumar had denied sexual intercourse with the girl, “It was proved that the appellant had sexual intercourse with the victim girl by threatening to exhibit or disclose the photos taken at the time of rape, to the public.”
Justice Murthy observed that “insistence of corroboration in cases of sexual assault is unwise for the reason that the sexual offences normally would take place in a secret place and they would take care that the commission of offence would not be seen by any third party, except in a rarest of rare cases.”
The judge noted that the incident took place in a bedroom, which is not accessible to any other person ordinarily.
He said when the wife cooperated with her husband to have sexual intercourse with the victim, it is possible for the accused No 2 (wife) alone was witness to sexual assault.
“When the wife of the appellant herein is arrayed as accused No. 2, she will not support the case of the prosecution,” the judge said.
