Convicted of rape: Convicted child rape prisoner surrenders after 23 years: Court confirms prison sentence | News from Raipur

Raipur: Confirmation of verdict in a 24-year-old case, High Court of Chhattisgarh has rejected the appeal of a man convicted of sexually abusing a six-year-old girl and ordered him to surrender within four weeks.
The accused, who was 35 years old at the time of the crime, has been out on bail for over 23 years. If the accused does not surrender within the stipulated time, the police will arrest him and send him to jail, said Judge Narendra Kumar Vyas.
“Based on a careful examination of the legal provisions, it is evident that sexual intercourse with a woman under the age of 16, regardless of her consent, constitutes the offence of 'rape',” the court said.
The convict, then 35, who lived in Durg district of Chhattisgarh, picked up the child while she was playing outside his house in August 2001. He took her to his bedroom and sexually abused her.
The girl ran out of the house crying. Her mother, who was already looking for her, was horrified to see her in this state. When the child told what had happened, the mother went to the police.
After a medical examination, the police arrested the accused under sections 376 and 511 of the Indian Penal Code and filed a chargesheet in the court. After examining the statements of the survivor and witnesses and cross-examining nine witnesses, a local court in Durg sentenced the man to three years and six months in prison and imposed a fine of Rs 500 in 2002.
The convict filed an appeal in the Supreme Court the same year. He was granted bail during the appeal. The final hearing on his appeal was scheduled for August 2024 before the Supreme Court.
The accused's lawyer argued that the medical report did not confirm rape and said that “only an attempt was made.” He argued that the case should be tried under Section 354 of the Penal Code (abuse). “The convict committed the crime in his youth but is now an elderly person and one of his daughters is disabled. He has other family commitments,” the lawyer said.
In its judgment, the court stated that the distinction between “attempt to rape” and “preparation to rape” had been subject to scrutiny. The Supreme Court relied on a Supreme Court judgment which clarified that the main difference was the degree of determination of the accused.
If the accused goes beyond the stage of preparation, it will be considered an attempted act of rape under Section 376 read with Section 511 of the Penal Code and not just assault under Section 354 of the Penal Code, the Supreme Court said.
“In the present case … the statements of the victim and her mother are reliable and prove the actions of the complainant without the possibility of any remedial action,” the Supreme Court stated, confirming the Prison sentence of 3 ½ years.
The convicted man has already spent ten months and six days in prison during the trial and appeal. This sentence will be credited to him, but he must surrender within four weeks to serve the remainder of his sentence.