Sikkim HC Convicts 24YO Man For Raping 80YO Grandmother Multiple Times

In a shocking incident, a 24-year-old man raped his 80-year-old maternal grandmother multiple times in Sikkim. The Sikkim High Court has upheld the judgment of the trial court which sentenced the man to life imprisonment with a fine of Rs 10,000. Furthermore, he was sentenced to a two-year term and fined Rs 1000 for criminal intimidation as he constantly threatened his grandmother of further harming her if she complained. However, the accused has appealed to the high court against his conviction. 

As per the reports, the grandmother lived with her daughter, son-in-law and their son in Sikkim. The repeated assault of the 80-year-old woman came to light when her daughter returned from a trip to West Bengal. She found her mother missing who was later found in a neighbour's house. That's when the survivor revealed about the assault she has been bearing. 

FIR filed revealing the details of the grave crime 

An FIR was filed in which the 80-year-old revealed everything in detail. She said that the accused used to chase and touch her inappropriately after being intoxicated. She also revealed that the accused raped her on multiple occasions and threatened her to keep quiet. The medical examination of the woman also confirmed the assault.

The trial court's judgment of conviction

During the trial, the woman constantly accused her grandson of raping her. The Fast Track Sessions Court convicted the accused under Sections 376(2)(f) (rape of a relative, guardian etc), 376(2)(n) (repeatedly committing rape on the same woman), and 506 (criminal intimidation) of the Indian Penal Code.

However, the accused appealed to the High Court against his conviction.

The appeal of the accused in the high court

The defence said that the survivor's age was misrepresented, the delay in filing FIR was not examined, her clothes were not seized and there were no physical injuries. It also said that the neighbour, the key witness of the crime, had not testified. Citing further the history of the accused's alcoholism, the defence suggested psychiatric evaluation of the accused.   

However, the high court led by Justice Meenakshi Madan Rai and Justice Bhaskar Raj Pradhan upheld the lower court's order of conviction based on strong evidence and a thorough trial process.

 High court upheld trial court's judgment 

The court addressed the defence's claim of delay in FIR and said that the survivor's reluctance was understandable regarding familial relations. The court cited the Supreme Court's order which clearly said that delay in filing FIR of rape cases doesn't undermine the seriousness of the survivor's case. Especially when the case involves close family members. Hence the high court said, “She was too ashamed and did not tell anyone about the incident which is absolutely understandable under the said circumstances.”

The court further upheld the trial court's judgment and said, “In this case, apart from the victim who is the grandmother of the accused, even the mother of the accused herself, has come forward to report the matter against her own son. It is thus evident that it is under sheer compulsion being subjected to rape repeatedly by her accused grandson that the mother has mustered the courage to finally approach the police.” 

The judges said that the trial court had "no reasons to disbelieve the victim, a senior citizen, who at her age was unlikely to make such allegations against her own grandchild unless she was left with no option."

Hence reinstating the gravity of the crime and the survivor's strong evidence, the court dismissed the appellant/accused appeal.