Bombay High Court rejects rape convict's plea after he completes jail term

The Bombay High Court recently rejected an appeal filed by a man against the five-year sentence handed down to him for raping a minor in 2011. Interestingly, the convict has already served the sentence and has been released from the prison.

Justice Abhay Thipsay dismissed the appeal of Dilipkumar Gupta, saying, "After going through the judgment, I find that the reliance placed by the trial court on the evidence of the victim's mother is proper. The conclusion drawn by the judge, that the appellant had made an attempt to commit rape on the victim, appears to be proper and legal."

Gupta walked out of the prison on July 25. He informed the court that he did not wish to argue his appeal further and requested the court to decide the case on merit.

According to the prosecution, Gupta was a neighbour of the victim, who at the time of the incident in 2011 was three years old. The victim's mother had gone looking for her after she did not return home, only to be told by another child that Gupta had taken the girl to his home.

On reaching Gupta's residence, she found him naked, while her daughter was lying on the bed. She immediately took the girl away while the accused fled. Neighbours caught hold of him and handed him over to the police.

During the trial, the prosecution examined six witnesses to bring home the guilt of the accused. Based on the mother's testimony, the court held the accused guilty and sentenced him to five years' imprisonment. He challenged the order in the high court in 2013.

After going through the evidence of the witness, the court held, "The testimony of the mother is unshaken in spite of cross examination. She had immediately reported the matter to the police station and the police also took immediate action. There is no reason to disbelieve her evidence." Accordingly, the appeal was rejected.