Himachal Pradesh : Youth sentenced to 20 years’ imprisonment for raping differently-abled woman in Dharamsala

A District and Sessions Court in Dharamsala has sentenced a youth to 20 years of rigorous imprisonment for sexually assaulting a differently-abled woman and impregnating her. The court also imposed a fine of Rs 50,000, with an additional one-year simple imprisonment in case of default.

The accused was convicted on the basis of conclusive scientific evidence, medical reports and witness testimonies, which firmly established his guilt.

The case came to light on April 4, 2022, when Dharamsala police received information from a hospital regarding the admission of an unmarried differently-abled woman in an advanced stage of pregnancy. During investigation, it was found that the victim was around eight months pregnant at the time.

Owing to her mental condition, the victim was unable to record a statement. However, her family members expressed suspicion of sexual abuse, following which the police registered a case and initiated a detailed investigation.

A subsequent psychiatric evaluation confirmed that the woman was 75 per cent differently-abled, strengthening the prosecution’s argument that she was incapable of giving consent.

On May 21, 2022, the victim gave birth to a male child. DNA samples of the newborn, the victim and the accused were collected and sent for forensic examination. The DNA analysis report from the Regional Forensic Science Laboratory (RFSL), Dharamsala, conclusively established that the accused was the biological father of the child.

The prosecution argued that the offence was extremely grave, involving the sexual exploitation of a vulnerable woman incapable of defending herself, a view accepted by the court while awarding the sentence.

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