The Supreme Court bench of Justice Ashok Bhushan, Justice R. Subhash Reddy, and Justice MR Shah while hearing the case of Chaman Lal vs. State of Himachal Pradesh upheld the conviction of a man who was accused of raping a mentally disabled girl with low IQ.
The accused was acquitted by the trial court on the ground of delay in lodging FIR and also that the victim wasn’t mentally unsound and was sound enough to understand the consequences of whatever happened.
In Appeal the HC found that IQ of victim was 62 and she had mild mental retardation. With that the HC sentenced the accused with 16years of Rigorous Imprisonment and fine of Rs. 10,000 and in default of payment of fine, R.I. further of 6 months under Section 376 and four years R.I. with fine of Rs.5,000/ and in default of payment of fine, further three months R.I. under Section 506 IPC.
In the case before the Apex court the accused contended that the case was false and made only because he refused to marry the girl as he was married and had children too. The Apex court found in the case that there is no question that the accused had sexual intercourse with the victim and she delivered a baby, of whom the accused is the biological father.
The bench agreed with the findings of HC and said that- “It is required to be noted that it is a case of sexual assault on a victim whose IQ was 62 and was mentally retarded and that accused has taken undue advantage of the mental sickness/illness of the victim. A person suffering from mental disorder or mental sickness deserves special care, love, and affection. They are not to be exploited. In the present case, the accused has exploited the victim by taking disadvantage of her mental sickness/illness. Therefore, no interference of this Court against the impugned judgment and order passed by the High Court convicting the accused is called for.”
Read Judgment-
https://main.sci.gov.in/supremecourt/2016/40215/40215_2016_34_1504_24918_Judgement_03-Dec-2020.pdf
