HC convicts man let off in rape case 21 years ago
Mumbai, Dec 23: The Bombay High Court has overturned a 1997 trial court order acquitting a 41-year-old man in a rape case of a minor girl in 1996.
A division bench of Justices Indrajit Mahanty and V K Jadhav Saturday convicted Macchindra Sonawane (who was 19 years old at the time of the incident) and sentenced him to seven years in jail for raping the 11-year-old girl.
The bench, in its judgment, said the trial court had erred and acted in a "casual or cavalier" manner, in determining the victim's age as that of being a major.
The prosecution case is that on December 1, 1996, Sonwane allegedly raped the victim who had gone to his shop to buy medicines.
A sessions court in Nashik had in July 1997 acquitted Sonwane after determining the victim's age as 16 and not 11.
The court had taken into consideration the victim's X-ray ossification test that estimated her age as 14.
The trial court applied the plus two minus two margin of error and determined that victim was 16, which was the age of consent at that time.
The trial court had also disbelieved the victim's statement that she had resisted the rape after observing that there were no injuries on her body to show resistance.
Thereafter, the Maharashtra government approached the HC in appeal against the acquittal and said the trial court had erred in determining the victim's age and claimed that she had not even hit puberty at the time of the crime.
The HC, in its judgment, noted that the trial court had mechanically determined the age of the victim.
The bench also took note of the victim's statement to the police and her deposition before the trial court in which she had categorically denied having consented to the act.
"Lack of any resistance or absence of injury on the body of the victim are of no consequence vis a vis the issue of consent," the High Court said.
The bench, while convicting Sonwane, directed him to pay a fine of Rs one lakh as compensation to the victim.
It asked the Nashik District Legal Services Authority to locate the victim and get an application from her for consideration of payment of compensation under the government's scheme of financial assistance for women victims/ survivors for sexual assault and other crimes.
"We hope and trust that such application will be dealt with necessary sympathy that the case deserves," the HC said.
Let the Truth be known. If you read VB and like VB, please be a VB Supporter and Help us deliver the Truth to one and all.
KKR defeat LSG via Super Over
Lucknow (PTI): Kolkata Knight Riders edged Lucknow Super Giants via Super Overs in a battle between two bottom-placed teams in the IPL, here on Sunday.
Chasing a modest 156, LSG suffered a batting collapse and managed to tie the contest and take it to Super Over with No. 9 Mohammed Shami striking a last-ball six against a wayward Kartik Tyagi, who leaked 16 runs in the final over.
But Sunil Narine bowled a stunning Super Over conceding just one run and taking two wickets to give KKR an easy target.
Rinku Singh then finished the chase with a boundary off first ball from Prince Yadav.
Earlier the KKR were in deep trouble with 93/7 in 15 overs but Rinku smashed a sensational 83 not out from 51 balls including four sixes in a row in the final over to lift them to 155/7.
Cameron Green (34) was the only other batter to reach double-digit scores as KKR suffered a familiar batting meltdown with Mohsin taking his maiden fifer.
In reply, LSG continued their dismal show with the bat to succumb to their fifth loss in a row.
Brief Scores:
Kolkata Knight Riders 155/7; 20 overs (Rinku Singh 83 not out, Cameron Green 34; Mohsin Khan 5/23). Lucknow Super Giants 155/8; 20 overs (Rishabh Pant 42). KKR won via Super Over.
