Proceedings against two juveniles, aged 17, allegedly involved in the case are still pending.
Agra: A special Pocso court in Firozabad has sentenced two men to 20 years’ rigorous imprisonment for the gang rape of a 17-year-old girl in 2019, observing that the “absence of injuries on the survivor cannot by itself undermine her testimony”.
3 convicted the two men, both in their 40s, under IPC sections 363 (kidnapping) and 376D (gang rape), besides provisions of the Pocso Act . The court imposed a fine of Rs 1 lakh each, with an additional 21 months’ imprisonment in default of payment. Additional sessions judge Nirdosh Kumar of Pocso court no. All four were arrested the next day after an FIR was lodged at Tundla police station in Firozabad. The defence also questioned the court’s territorial jurisdiction, as the survivor was picked up in Firozabad and taken to Agra, where the assault took place. The court rejected the objection, observing that the offence formed a continuous sequence of events across adjoining police station areas.
The sentence was pronounced on Monday.
Court Upholds Survivor’s Testimony Against Defence Claims
In a recent ruling, the court dismissed the defence’s argument that the medical examination failed to conclusively prove rape, emphasizing that the absence of physical injuries does not invalidate credible testimony in sexual assault cases. The court noted that the survivor’s account remained credible despite the lack of injuries.
Additionally, the court addressed the defence’s claim regarding the delay in filing the First Information Report (FIR). It highlighted that the survivor reported the incident promptly after her mother’s arrival, concluding that there was ‘no unnecessary or unexplained delay’ in the filing process.