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Parminder alias Ladka Pola v. State of Delhi

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 133 of 2006)Decided 16 Jan 2014
Criminal Appeal No. 133 of 2006
Justice A.K. Patnaik · Justice Gyan Sudha Misra

Background

A 14-year-old girl was sexually assaulted when she visited a neighbour's house to meet a school friend. The accused, the friend's brother, challenged his conviction and seven-year sentence, relying in part on the medical findings and delay in reporting. He also sought a reduced sentence because of his circumstances after conviction.

Decision Breakdown

The Supreme Court dismissed the appeal and upheld the conviction and sentence. It accepted the girl's account, supported by findings on her clothing, and found the reporting delay understandable in light of fear and shame. The absence of external injuries and an intact hymen did not disprove the assault or reduce it to an attempt under the law applicable to the case. The accused's education in prison, marriage and family responsibilities did not provide adequate and special reasons to reduce the statutory minimum then applicable, particularly given the victim's age and the harm she suffered.

Lesson Learnt

A sexual assault complaint must be assessed through all the evidence; lack of visible injury does not automatically defeat a reliable account. Changes in an offender's family circumstances do not automatically justify reducing a legally prescribed sentence.

Official source (sci.gov.in)View Judgment (PDF)

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