Sikkim High Court cites Demi Lovato’s song to uphold punishment in minor’s rape case

Quoting famous lines from the song of American singers Demi Lovato and DJ Marshmello titled “Ok not to be Ok”, the Sikkim High Court has upheld 10 years’ rigorous imprisonment of a man held guilty of the sexual assault of a minor girl who died by suicide in 2021. The ruling, considering the death note penned by the girl, termed the crime to be “despicable, humiliating, deplorable and intolerable”.

The first three paras of the verdict reproduced the lyrics of the song, while Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan said, “We express our deep sense of worry on the issue of the mental health of our children after reading the laments of the victim in her suicide note, which we hesitate to reproduce here. The mental health of a child, and in this case, a girl child, is a matter of serious concern. Although we are aware that the State is conducting various programs for assuring that the mental health of our citizens is well taken care of, if there is any possibility to do more, the State must not hesitate to take proactive steps at all levels to ensure that the mental health of every child is protected.”

Calling it a “faultless” investigation, the high court referred to the death noted to underline the details specific to the area where the crime took place, noting it clearly reflected her ordeal “without any confusion”. The order added, “Other evidence led by the prosecution corroborate the details in the suicide note. She has specifically named and described the appellant as the perpetrator of the crime.”

Chief Justice A Muhamed Mustaque and Justice Bhaskar Raj Pradhan were of the view that the evidence had proved that it was the accused because of whom the victim committed suicide.

On August 20, 2021, the minor girl left for school. She saw her father in the morning before leaving for school, met some friends on her way to school, and returned home at around noon. Her father then went to the kitchen, made her some tea, and took it to her room, where he reportedly saw writing in a notebook.

At around 3 pm, while the father was in the kitchen, the girl gave him her phone and asked him to watch a movie. He watched it for 15 minutes, after which the battery ran out. He took the phone and went to his daughter’s room to find his daughter dead.

The suicide prompted the police to file an FIR August 20, 2021, for abetment of suicide, wrongful restraint, and rape under various provisions of the IPC the Protection of Children from Sexual Offences Act, 2012. The girl had named a man from her village to be the perpetrator.

The police investigated the case and filed the chargesheet for offences, including rape and abetment of suicide, against the man. On the basis of the charges, a trial court took note of the contents mentioned in the suicide note and charged the accused on December 1, 2021. The man was found guilty of forcefully restraining the girl and not allowing her to proceed towards her house and raping.

Story continues below this ad

The trial court held that it was the girl who had penned the suicide note and died. The man was found to have sexually harassed and assaulted the girl. The trial court, therefore, convicted the man for the offences of sexual assault, abetment of suicide, sexual harassment while sentencing him to 10 years of rigorous imprisonment.

‘Faultless’

The high court was of the view that, based on the statements of the witnesses and hospital records, it was proved that the victim was, in fact, a child at the time of the offence. It was also stated that since the victim’s brother had identified her handwriting, the forensic expert had also said that the handwriting in the suicide note and the admitted handwriting of the victim was of the same person, the court was satisfied that the victim’s handwriting was also proved.

The high court upheld the trial court’s punishment and called the crime “despicable, humiliating, deplorable and intolerable”, making the girl go through a “deep sense of defilement”, being unable to face anyone. The ruling further said that “the mental health of a child, and in this case a girl child, is a matter of serious concern” and though the government was conducting various programs for taking care of people’s mental health, “the state must not hesitate to take proactive steps at all levels to ensure that the mental health of every child was protected”.

‘No interference required’

Advocate Thupden Youngda, appearing for the accused, submitted that the conviction and sentence of the accused were based on a faulty investigation and the depositions of witnesses were contradictory. It was also his case that neither the age of the victim nor the contents of the suicide note were proved.

Story continues below this ad

Advocates SK Chettri and Sujan Sunwar, representing the state and the victim, submitted that the judgment and sentence given by the trial court were sound, based on the evidence duly proved, and therefore require no interference.