Supreme court upholds conviction of man for 31-year-old sexual assault, orders him to surrender within a week

The Supreme Court upheld the conviction of a man for a 31-year-old sexual assault case, ordering him to surrender within a week. The court rejected arguments against sentencing, emphasising the impact on society and the victim's age.

New Delhi: In a significant legal development, the Supreme Court has overturned a trial court's acquittal of a man who sexually assaulted a 10-year-old girl over 32 years ago. The man, who was 21 at the time of the crime and is now 54, has been sentenced to 10 years in prison, marking a long-awaited pursuit of justice.

The Supreme Court expressed strong disapproval, stating, "We would like to know who these daredevil session judges are who acquitted the man despite the forensic science laboratory report, as well as statements from doctors and the duty magistrate supporting the girl's account of the sexual assault." This remark came as the SC upheld the Gujarat High Court's decision to overturn the trial court's verdict.

A year after the incident, the additional sessions judge, Ahmedabad (rural), in Oct 1994 acquitted the man, who was charged with sexually assaulting the girl in an agricultural field. The injured girl was taken to hospital, and the relatives waited for the sarpanch to come to help them in filing the FIR. A medical examination proved she was raped.

However, the trial court, overlooking the circumstances, cited a 48-hour delay in registering the FIR as one of the reasons for acquitting the accused. The Supreme Court has now ordered the rape convict to surrender within a week.

The appeal filed by the state in the High Court remained pending for 30 years. Finally, on November 14 last year, a bench of Justices Aniruddha P. Mayee and Divyesh A. Joshi overturned the trial court's acquittal. The man was convicted under Sections 376 and 506 of the IPC, sentenced to 10 years in prison, and fined Rs 10,000.

Rejecting arguments against imposing a sentence after 31 years, despite the man now being married and having a family to support, the High Court emphasised, "If a perpetrator of a crime is set free, the concept of deterrence may fail, and there could be adverse effects on society. Moreover, it is a 10-year-old girl who was subjected to sexual assault."

The Supreme Court bench, comprising Justices Surya Kant and N. Kotiswar Singh, upheld the High Court's judgement, revoking the November 14 order and ordering the convict to surrender within a week.