The court observed that the survivor’s testimony was reliable and there was no reason to disbelieve her version of events.
Incident occurred during Shivratri fair
The crime dates back to 12 March 2002. The survivor was at her father’s sweets stall during the Shivratri fair in Masalia police station area of Dumka. Around 8:30 pm, she stepped out to relieve herself when the accused, a neighbour, forcibly took her to a secluded spot and raped her.
She somehow returned home and narrated the incident to her mother and aunt. A village panchayat was convened the next day, during which the accused initially agreed to marry her. However, the matter remained unresolved due to dowry demands. After two days of failed deliberations, the survivor recorded her statement at Masalia police station on 14 March.
Eight witnesses examined; age proven through school certificate
During the trial, eight witnesses deposed, including the survivor, her parents, and her aunt. Their statements were found credible by the court.
The headmaster of Palojori Girls High School submitted the survivor’s birth certificate, showing her date of birth as 03 June 1987. The court accepted this as reliable evidence and determined her age at the time of the incident to be 14 years and nine months.
Court rejects defence arguments
Challenging the lower court’s judgment, the defence argued that:
- The FIR was lodged two days late
- The medical report estimated the survivor’s age between 15–16 years
- No clothing was seized
- The trial court ignored key facts
However, the High Court held:
- Delay in filing FIR is common in rural areas due to panchayat proceedings
- The medical report was not properly proved and could not be relied upon
- School records are a more credible basis for determining age
The court also noted that the survivor’s testimony was clear, consistent, and free from material contradictions. Citing Supreme Court precedents, the judge stated that a conviction can be based solely on the survivor’s trustworthy testimony.
Appeal dismissed; surrender ordered
Upholding the conviction, the High Court dismissed the appeal and ordered the convict to surrender immediately.
