"Justice for a Child: A Courtroom Battle Against a Heinous Crime"

 


Introduction

This case involves a grave crime against a minor, where the Patna High Court upheld the conviction of Rajendra Paswan for sexual assault and physical violence. The case highlights the legal process in handling child abuse cases, the role of medical evidence, and the significance of victim testimony in securing justice.

Background of the Case

On May 24, 2012, in Bodh Gaya, Bihar, a five-year-old girl (name withheld for privacy) was lured by the accused, Rajendra Paswan, into a newly constructed toilet near a transport stand. There, he committed sexual assault and later gave her one rupee coin before letting her go.

The victim, in pain and bleeding, returned home and informed her mother (P.W. 1) about the assault. When the mother confronted Paswan, he assaulted her by pulling her hair and beating her. Upon returning home from work, the victim’s father (P.W. 6) lodged an FIR at Bodh Gaya Police Station, leading to the registration of Crime No. 128 of 2012 under Sections 376, 323, and 504 of the Indian Penal Code (IPC).

Trial Court’s Verdict

The Sessions Court in Gaya convicted Rajendra Paswan under:

  • Section 376 IPC (rape) – 10 years rigorous imprisonment, ₹5,000 fine, and two additional years if the fine is unpaid.

  • Section 323 IPC (causing hurt) – ₹500 fine and seven days additional imprisonment for non-payment.

Paswan challenged the conviction in the Patna High Court, claiming false allegations and insufficient evidence.

Key Evidence and Arguments

1. Testimony of the Victim (P.W. 4)

The court recognized the importance of the victim's testimony, stating that child victims of sexual assault are not accomplices but primary witnesses. Her consistent and clear statements about the accused's actions were deemed credible.

2. Medical Examination (P.W. 5 - Dr. Poonam Kumari)

  • The medical report confirmed injuries on the victim’s private parts.

  • Hymenal tear and bleeding wounds were present, supporting the claim of sexual assault.

  • Defense’s argument that the injuries could be from a pointed object was dismissed as irrelevant.

3. Corroborating Testimonies

  • Victim’s mother (P.W. 1) witnessed the injuries and heard the victim's first account.

  • Victim’s brother (P.W. 7) confirmed their mother’s confrontation with the accused and her subsequent assault.

  • Eyewitness (P.W. 8) saw the altercation between the victim’s mother and the accused.

4. Lack of Defense Evidence

  • Paswan did not present any evidence to refute the charges.

  • His claim of a past dispute over cattle grazing as a motive for framing him was dismissed due to lack of proof.

High Court’s Judgment

The Patna High Court, led by Justice A.M. Badar, upheld the conviction, stating:

  • The victim’s testimony was credible and consistent.

  • Medical evidence strongly supported the claim of rape.

  • The accused’s assault on the victim’s mother indicated an attempt to silence the family.

The court reaffirmed that rape is a heinous crime causing lifelong trauma to victims, and strict punishment is necessary to ensure justice.

Conclusion

This case reaffirms the importance of victim testimony, medical evidence, and witness corroboration in securing convictions in child sexual abuse cases. The judgment serves as a precedent for strict action against perpetrators and highlights the justice system’s commitment to protecting vulnerable victims.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MjQjMjY1IzIwMTYjMSNO-zBG--ak1--ho4HAfo=