The Punjab and Haryana high court has upheld the conviction and 10-year rigorous imprisonment (RI) awarded to Dhanwant Singh, head of Dera Noor Vishav Ruhani Charitable Trust, in a nearly 21-year-old rape case involving a 20-year-old woman.
The court also awarded her ₹6 lakh in compensation for the trauma of sexual assault and her subsequent long quest for justice.
Justice Ramesh Kumari passed the order while disposing of three connected matters arising from the common judgment of conviction and sentence dated January 29, 2005, passed by the Hoshiarpur additional sessions judge, fast track court. He was accused of raping the woman during the intervening night of November 25 and 26, 2000.
Singh had challenged his conviction under Section 376 of the Indian Penal Code (IPC), while the survivor had sought enhancement of his 10-year sentence to life imprisonment. The high court dismissed both pleas.
Woman had gone to dera seeking advice
According to the prosecution case, the woman’s family were followers of Dhanwant Singh, who was a religious preacher and headed the Noor Vishav Ruhani Charitable Trust. The woman, who was around 20 years old at the time, had enrolled in a nursing course in Patiala but was contemplating leaving the course.
Her parents discussed the issue with Singh, following which the woman went to the dera at Palli Jhikki, in Hoshiarpur district, on November 25, 2000, allegedly to seek his advice.
The prosecution alleged that she was called to Singh’s room during the night, where he sexually assaulted her. She later disclosed the alleged incident to her father on December 31, 2000.
Defence questioned delay and credibility
During the appeal, the defence primarily challenged the prosecution case on the ground that there had been a delay in registration of the FIR. It also questioned the credibility of the survivor’s testimony.
The defence further alleged that Singh had been falsely implicated because of disputes among the dera’s trustees and issues relating to financial transactions.
The high court, however, rejected these contentions. It found the survivor’s testimony reliable and held that the circumstances of the case adequately explained the delay in reporting the incident.
The court also noted that there was no major contradiction in the statements of the survivor and her father that could undermine the prosecution case.
No corroboration required if testimony inspires confidence
The high court reiterated the settled legal position that there is no mandatory requirement for independent corroboration of the testimony of a sexual-assault survivor when her evidence is found to be credible and inspires confidence.
The court observed that the survivor was about 20 years old when the alleged offence occurred and found no sufficient reason to discard her account merely because of the delay in reporting the matter.
After examining the evidence, the court concluded that the trial court had correctly appreciated the case and found no ground to interfere with Singh’s conviction under Section 376 IPC.
The survivor had also sought enhancement of Singh’s 10-year sentence to life imprisonment, but the HC declined the request.
While considering the question of sentence, the court observed that certainty of punishment is more important than severity in effectively curbing crime. It therefore found no justification for enhancing the sentence imposed by the trial court.
Although the HC upheld the conviction and sentence, it noted that the trial court had not awarded any compensation to the survivor.
Taking into consideration the trauma suffered by her and the prolonged period during which she pursued the case, the High Court directed that ₹6 lakh be paid to her as compensation under Section 357 of the Code of Criminal Procedure (CrPC).
The court relied on the Supreme Court’s judgment in Nipun Saxena vs Union of India while passing the compensation order.
