8/13/2021 Mentally ill woman's account credible, says SC, upholds rape conviction - The Times Of India - Mumbai, 8/13/2021 https://epaper.timesgroup.com/Olive/ODN/TimesOfIndia/PrintArticle.aspx?doc=T OIM%2F2021%2F08%2F13&entity=ar01309&ts=202108122335. 1/1 Mentally ill woman's account credible, says SC, upholds rape conviction New Delhi: The testimony of a mentally challenged woman who had narrated the incident of rape committed upon her in question answer form before the trial court has nailed the offender as the SC on Thursday upheld his conviction while terming her statement as "credible". The 36-year-old woman, who is suffering from 70% disability and was raped in Uttarakhand in September 2015, had testified before the trial court in question answer form as oath could not be administered to her since she was unable to understand its meaning. The trial court, which had convicted and sentenced the man to 10-year jail in October 2016, had noted in its verdict that during her cross-examination the woman had rightly identified the photo frames of father of the nation Mahatma Gandhi and former PM Lal Bahadur Shastri. A plea filed by the convict challenging the March 2019 verdict of the high court, which had dismissed his appeal and affirmed the trial court's judgement, came up for hearing before a bench of justices L Nageswara Rao and Aniruddha Bose. "There are certain contradictions in the evidence. However, we are of the considered view that the testimony of the prosecutrix (woman) which is credible can be the sole basis for the conviction of the appellant under section 376 (2)(l) of the IPC," the bench said. Section 376 (2)(l) of the IPC deals with offence of rape committed on a person suffering from mental or physical disability. PTI
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