Physically challenged man convicted of minor’s rape

Bhartesh Singh Thakur

Tribune News Service

Panchkula, January 19

The court of Additional District and Sessions Judge Narender Sura has convicted a man of raping a nine-year-old girl under the Protection of Children from Sexual Offences Act.

The rapist, Udayaveer, now 22, is physically challenged. He can neither speak nor listen.

“So, the court referred the matter to the Punjab and Haryana High Court for confirmation of the proceedings under Section 318 of the Code of Criminal Procedure (CrPC),” said Public Prosecutor Kapil Gaud.

Section 318 of the CrPC prescribes the procedure where the accused does not understand the proceedings. It says that if the accused, though not of unsound mind, cannot be made to understand the proceedings, the trial court may proceed with the inquiry or trial and if it results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case. The High Court then passes thereon such an order as it thinks fit. The case dates back to 2017. The nine-year-old victim, an orphan, used to reside with her maternal aunt. On January 9, 2017, her aunt and uncle had gone to the market.

On return, her aunt felt that the victim was unwell. The next day, the victim revealed that Udayveer came to their house and raped her. He also threatened to kill her.

The FIR was registered on January 10, 2017, under Section 6 of the Protection of Children from Sexual Offences Act (for aggravated penetrative sexual assault) on a complaint of the victim’s aunt.

The accused was arrested on March 18, 2017.

The victim had recorded her statement under Section 164 of the CrPC and had deposed regarding commission of rape and had identified Udyaveer as the perpetrator. “The clinching evidence in the case was the DNA matching of semen found on the victim’s clothes with the convict,” said Gaud. After the trial, the court convicted Udyaveer on January 18.

Why it is sent to HC

Section 318 of the CrPC prescribes the procedure where the accused does not understand the proceedings. It says that if the accused, though not of unsound mind, cannot be made to understand the proceedings, the trial court may proceed with the inquiry or trial and if it results in a conviction, the proceedings shall be forwarded to the High Court with a report of the circumstances of the case. The High Court then passes thereon such an order as it thinks fit.