Supreme Court reaffirms rape conviction in Rajasthan case

The Supreme Court has overturned a 40-year-old acquittal in a rape case, ruling that the silence and tears of a child victim during cross-examination should not be seen as a sign of the accused’s innocence. The court criticized the Rajasthan High Court for its earlier decision and for naming the victim in the case. The case involved a minor girl who was raped in 1987. A trial court had convicted the accused, Chhatra, and sentenced him to seven years in prison. However, the Rajasthan High Court later acquitted him, citing the victim's silence in court when questioned. This decision was slammed by the Supreme Court, which took issue with the insensitivity shown by the High Court. Justice Sanjay Karol emphasized that the silence of the child cannot be compared to that of an adult. He noted that her tears reflect trauma and should not be used against her. The court also highlighted medical and circumstantial evidence that pointed to Chhatra's guilt. After examining the case, the Supreme Court allowed the government’s appeal and reinstated the conviction and sentence. Chhatra, who was originally convicted when he was 22, is now over 60 years old. The court has instructed him to surrender within four weeks to serve his sentence.