HC modifies rape conviction

Madras High Court has modified a lower court order convicting a man of rape of a 10-year old girl, his neighbour, and held him guilty of attempt to rape on the ground there was no actual penetration.
Passing orders on an appeal challenging the October 6, 2010 lower court verdict, Justice Aruna Jagadeesan said: "... he could not penetrate and was unable to complete the offence of rape. However, it is clear that the appellant did attempt to commit rape.
"In the facts and circumstances of the present case, the offence of an attempt to commit rape by the accused has been clearly established," the Judge held and sentenced appellant Murugadas to five years rigorous imprisonment.

The Principal Sessions Court in Villupuram had found Murugadas, a resident of Onkur village near Tindivanam, guilty of rape and sentenced him to undergo 10 years imprisonment.
According to prosecution, the girl, a class V student and daughter of a mason, was sexually assaulted by the man on August 28, 2009 when her father was away.
A police complaint was, however, lodged only three days later.

In the appeal, Murugadas assailed the three-day delay in registering the FIR and alleged that during the period the girl had been tutored by her mother and police.
Also, citing the medical report that there was neither penetration nor injury on the person of the girl, counsel for the appellant said it could not be concluded as a rape. "There is no medical evidence for rape," he argued.

However, Justice Aruna Jagadeesan said delay in such cases was not unnatural. "It is not at all unnatural for the mother of the victim girl to await the arrival of her husband when an offence of this nature is committed, before taking a decision to lodge a report with the police."
Therefore, the conduct of the mother in not reporting the incident till the arrival of her husband cannot be doubted, the judge said, pointing out that the nearest police station was 17 km away and the child's father had to come from the work spot in another town.
She sentenced the appellant to five years of rigorous imprisonment and imposed a fine of Rs 25,000, to be deposited in the name of the child till she becomes a major.