RAIPUR: A convict in a Pocso case cannot be exempted on grounds of mere insanity, Chhattisgarh high court has said, upholding the life imprisonment handed down by a fast-track court in Rajnandgaon. The division bench, comprising Chief Justice Ramesh Sinha and Justice Sachin Singh Rajput, highlighted that exceptions to criminal liability must be proven beyond reasonable doubt.
On Nov 5, 2020, the convict took a six-year-old girl to his house and raped her.Her aunt filed a plaint. Medical tests and witness testimonies corroborated the survivor’s account, following which a fast-track special court convicted the man on Jan 31, 2024, under IPC section 376AB and section 5(m) read with Section 6 of Pocso Act, and sentenced him to life imprisonment till natural death.
The verdict was challenged in HC, with the defence counsel arguing that the convict was of ‘unsound mind’. However, HC took note of the observations of psychiatrist Dr A S Saraf and jail superintendent Akshay Singh Rajput, who testified that the convict “displayed normal behaviour and understanding” during interactions and routine activities in jail. This evidence negated the defence’s claim of insanity.
The high court concurred with the trial court’s judgment and noted that the child’s birth certificate puts her as a six-year-old at the time of rape. Given the severity of the crime and the victim’s tender age, there is no ground for leniency, the high court said and dismissed the appeal. The convict will serve out the life sentence, the court ordered.
On Nov 5, 2020, the convict took a six-year-old girl to his house and raped her.Her aunt filed a plaint. Medical tests and witness testimonies corroborated the survivor’s account, following which a fast-track special court convicted the man on Jan 31, 2024, under IPC section 376AB and section 5(m) read with Section 6 of Pocso Act, and sentenced him to life imprisonment till natural death.
The verdict was challenged in HC, with the defence counsel arguing that the convict was of ‘unsound mind’. However, HC took note of the observations of psychiatrist Dr A S Saraf and jail superintendent Akshay Singh Rajput, who testified that the convict “displayed normal behaviour and understanding” during interactions and routine activities in jail. This evidence negated the defence’s claim of insanity.
The high court concurred with the trial court’s judgment and noted that the child’s birth certificate puts her as a six-year-old at the time of rape. Given the severity of the crime and the victim’s tender age, there is no ground for leniency, the high court said and dismissed the appeal. The convict will serve out the life sentence, the court ordered.