The High Court of Jammu & Kashmir and Ladakh recently upheld the conviction and life imprisonment of an individual for the 2011 rape of his one-year-old granddaughter. This case, titled "Bodh Raj V/s State of Jammu and Kashmir & Ors," prompted Justices Sanjay Dhar and Rajesh Sekhri to express deep concern over the decline in respect for women.
Despite the landmark "Nirbhaya" case in 2012, in which a woman was gang-raped and fatally assaulted aboard a moving bus in Delhi, the Court lamented that there has been no substantial improvement. The Court emphasized that women possess the right to life, liberty, respect, and equal treatment as citizens. Their honor and dignity must remain inviolable, as they embody multifaceted identities and are not objects for exploitation.
Regrettably, the Court noted an alarming rise in crimes against women, particularly instances of molestation, immodesty, and rape.
The Court deplored the declining morality and values within Indian society, underscoring that the degradation of respect for women is a blight on the nation. The Court further condemned the societal indifference towards the violation of human dignity in cases of sexual crimes, labeling it a somber reflection.
Consequently, the Court emphasized the weighty responsibility of the judiciary in adjudicating rape cases, stressing that they play a pivotal role in upholding justice.
Directing its attention to the case in question, the Court expressed profound shock over the fact that a maternal grandfather could commit such a heinous act, remarking, "It is chilling to comprehend that a maternal grandfather has sated his perverse desires and sexual lust by subjecting his one-year-old granddaughter to such a horrifying ordeal."
This legal proceeding stemmed from an appeal filed by the accused, Bodh Raj, challenging his 2013 conviction under Section 376 (2) (f) of the Ranbir Penal Code, which pertains to the rape of a child below 12 years of age. Raj was accused of fleeing from a room where the bleeding and distressed one-year-old child was discovered.
Medical examination revealed injuries consistent with sexual assault, though other possibilities were not ruled out. The Court emphasized that a doctor's role is to certify evidence of recent sexual activity, not to make judgments on the occurrence of rape.
Raj asserted that he was wrongly implicated due to past animosity with the complainant and argued the absence of motive. However, the Court dismissed these claims, as the key eyewitness provided a compelling and credible account of the incident.
The Court affirmed that in cases of sexual offenses, the driving force is sexual desire and a deviant mindset, while a rational individual would never contemplate violating the modesty of their own one-year-old granddaughter.
Ultimately, the Court concluded that the prosecution had convincingly proven its case against Raj. Characterizing the offense as heinous, the Court underscored that such an act is beyond the realm of human decency.
The High Court's decision, therefore, upheld the conviction while dismissing Raj's appeal.
TAGS: Jammu & Kashmir High Court life imprisonment rape one-year-old granddaughter Nirbhaya case respect for women societal decline crimes against women molestation human dignity sexual assault judicial responsibility Ranbir Penal Code medical examination motive eyewitness sexual offenses deviant mindset prosecution heinous offense.
