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Guwahati:
The Gauhati High Court on Monday mentioned rape was a violation of a person’s proper to life and private liberty, because it relied on the assertion of a rape survivor to uphold the order a decrease courtroom and discover the accused – Nasir Uddin Ali – responsible of the rape of a 20-year-old lady in November 2009.
In an order handed by Justice Rumi Kumari Phukan, the courtroom held that statements by rape survivors might be accepted as a truthful model of occasions, if supported by different proof on document.
“The courts are sensitised that rape is a violation of (the) victim’s fundamental right under Article 21 of the Constitution and (the) rape victim is placed on a higher pedestal than an injured witness,” the decide mentioned.
Eleven years in the past, on the evening of November 26, a 20-year-old lady was raped within the toilet of a swimming pool in Digboi in Tinsukia district.
The incident passed off because the younger lady was returning house from work; she was employed at a personal hospital in Digboi.
A case was lodged on the Digboi Police Station and Nasir Uddin Ali, then the accused, was arrested by the cops. He was discovered responsible by a trial courtroom and sentenced to 9 years’ rigorous imprisonment.
Nasir Uddin Ali’s lawyer appealed the decision within the High Court, arguing that the younger lady had modified her assertion throughout the trial. Therefore, the lawyer mentioned, the unique verdict – delivered on the premise of modified testimony – was considered in poor authorized gentle.
Appearing on behalf of the state, the lawyer for the younger lady argued towards the attraction, holding that his consumer’s assertion couldn’t be discarded as proof as a result of the medical examination was inconclusive.
It was additionally established, the lawyer additional argued, that the accused was current on the place the place the crime had been dedicated.
The courtroom identified that the younger lady had withstood a prolonged cross-examination with out important contradiction that will in any other case throw suspicion on her assertion.
The courtroom additionally mentioned the proof and details current left no room for any doubt, including that the rape survivor’s proof was akin to a “sterling witness”.
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