NEW DELHI: A man who lured a 10-year-old girl with chowmein and ‘kachori’ before raping her has lost his appeal against a 12-year jail term, with the Delhi High Court ruling that the child’s testimony alone was enough to uphold his conviction.
Justice Manoj Kumar Ohri, while dismissing the appeal on September 3, said the survivor’s statement was consistent and reliable, and that the defence had failed to discredit her during cross-examination.
“The settled position of law is that even if the victim is the sole witness to the incident, a conviction can be sustained if her testimony is found to be credible and reliable. If the testimony of the child victim inspires confidence and is reliable, the conviction can rest upon it,” the court observed.
The case originated from an FIR registered on August 4, 2017, based on the statement of a 10-year-old victim. According to the FIR, the convict, Tonny, worked at a wood workshop near the child’s school. He enticed her into the shop with food and then repeatedly raped her. He also threatened to “drown her in a drain or cut her like a piece of wood” if she spoke of the abuse.
The judge noted that the child’s testimony inspired confidence and stood firm throughout, which formed the basis for sustaining the 12-year sentence awarded by the trial court.
Convict lured her with food
The convict, Tonny, worked at a wood workshop near the child’s school. He enticed her into the shop with food and then repeatedly raped her