Delhi HC overturns acquittal, awards 10-year term for rape abetment

New Delhi: Delhi High Court has sentenced a woman to 10 years’ rigorous imprisonment for abetting the rape of a girl by her minor brother in 2013, overturning her acquittal by a trial court.

Justice Chandrasekharan Sudha held that the woman betrayed the trust placed in her and played an “active and deliberate” role in the crime by luring the survivor, remaining present during the assault and threatening her into silence.

According to the prosecution, the convict conspired with her brother and lured the survivor to a secluded location in Najafgarh on the false promise of employment. The brother, a child in conflict with law, committed the sexual assault at the spot.

Allowing the state’s appeal against acquittal, the court noted that the trial court erred in extending the benefit of doubt to the accused in 2015, despite clear evidence of abetment.

Taking note of the woman’s criminal antecedents, including her involvement in a murder case, the high court observed that the offence formed part of a “continuing pattern of criminal behaviour rather than an isolated incident”, and that she showed no signs of reformation.

The court sentenced her under Section 376 read with Section 109 of the Indian Penal Code, and imposed a fine of Rs 50,000, observing that a lenient approach would be “wholly misplaced and contrary to settled sentencing principles”. An additional fine of Rs 20,000 was imposed along with a separate jail term for other offences.

Out of the fine amount, the court directed that Rs 50,000 be paid to the survivor as compensation, and asked the Delhi State Legal Services Authority to assess and award further appropriate compensation.

Noting that the survivor suffered “significant emotional, mental and physical trauma” while pursuing justice for over a decade, the court said compensation was necessary to provide some support for the suffering endured.

While convicting the woman, the court clarified that although she did not commit the physical act of rape, the evidence established that she intentionally aided and facilitated the offence. HC was dealing with an appeal against acquittal filed by the state in which it challenged the decision of the trial court to give her the benefit of doubt in 2015.

“The accused induced the survivor through deceitful promises, took her to a secluded place, remained present during the assault, prevented resistance and guarded the area. Such acts clearly amount to abetment,” the court said.

The high court further noted that after the assault, the convict threatened the survivor with death and harm to her family if the incident was reported to the police.
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