The Delhi High Court has upheld a trial court’s order handing jail term to two men for gang raping a Nigerian woman in 2014, however, it commuted the sentence to 20 years from 30.
A division bench Justices Mukta Gupta and Poonam A Bamba was hearing an appeal by convicts, Raj Kumar and Dinesh, challenging the trial court's decision to convict and sentence them to 30 years in jail.
The court said that the absence of semen traces in the DNA analysis does not invalidate the victim’s claim, as penetration alone is sufficient to establish the offense of rape.
The bench reduced the initial 30-year jail term for the two men, considering factors such as one of them being unmarried and the other having responsibilities to care for their children and parents and acknowledged the possibility of their reform.
The incident occurred on the night of June 18-19, 2014, when the Nigerian woman was returning from a friend’s party and while she was searching for an auto-rickshaw, a car stopped nearby, and the two accused forcibly took her into the vehicle.
They then took her to a house and raped her. Afterward, they put her back into the car and abandoned her near a metro pillar, having also stolen her bag containing valuables.
The woman subsequently went to a police station and filed a complaint. Based on her description of the house, the two men were arrested.
The court said: “Considering the evidence on record and that the version of the prosecutrix is not only wholly reliable but is also supported by other facts and circumstances, lending a further assurance to her version, this court finds no error in the impugned judgment of conviction.”
During the appeal, the convicts’ counsel claimed that it was a case of mistaken identity and that they were wrongfully convicted and argued the lack of corroboration from the DNA analysis report regarding her claim of being raped by the two men.
To this, the bench stated that the absence of semen traces does not falsify the victim’s assertion of being raped by the two men.
The court stated that for the offense of rape, proving penetration is sufficient.
Disposing of the convicts’ appeal, the court upheld trial court’s judgment and noted that from the woman’s deposition, it was clear that she was kidnapped by them around 11 pm while she was searching for an auto-rickshaw.
The court further noted that due to the suddenness of the kidnapping, she was unable to note the car number or identify the car and that it would have been difficult for her, as a non-resident, to identify the roads.
According to the victim, her head was also kept bowed down in the car to prevent anyone from seeing her, further complicating her ability to provide details.
They damage the nation abroad: EAM Jaishankar slams Rahul’s ‘falsehood’ on ‘Trump invite’ claims
External Affairs Minister (EAM) S Jaishankar on Monday hit back at the Leader of Opposition (LoP) Rahul Gandhi over his claims that the former went to the United States of America to get an invitation for Donald Trump’s inauguration, stating that such falsified statements only go on to harm the ‘interests and reputation’ of the country abroad.
Positive impact of regular contacts evident in India-Russia strategic partnership: President Murmu
President Droupadi Murmu on Monday asserted that the "positive impact" of regular contacts is evident in the broader 'India-Russia Special and Privileged Strategic Partnership' which continues to benefit significantly from the ongoing interaction at various levels.
Over to voters: High-decibel campaign for Delhi election ends
Campaigning for the most hotly contested Assembly election in Delhi ever ended at 5 p.m. on Monday, drawing curtains on months-long, high-decibel electioneering replete with AI-generated memes, acerbic jibes and venomous barbs and a race to woo voters with freebies, including monthly doles to women and the youth.
Rahul Gandhi’s rare praise for ‘Make In India’ project in LS, followed by jibe
Congress MP and the Leader of Opposition (LoP) Rahul Gandhi on Monday made a rare praise for the ‘Make In India’ program, even commending the Prime Minister Narendra Modi for bringing in the ‘good idea’ but then went to disapprove it by calling it ‘damp squib’.
Govt likely to introduce new income tax bill on Feb 6
After the revision in tax slabs in the Union Budget 2025-26 to leave 'enough money in the hands' of taxpayers, the government is likely to unveil the much-anticipated draft of the new Income Tax Bill on February 6.
10 TN fishermen arrested by Sri Lankan Navy; mechanised boat seized
Ten fishermen from Rameswaram, Tamil Nadu, were arrested by the Sri Lankan Navy in the early hours of Monday for allegedly crossing the International Maritime Boundary Line (IMBL).
Maha Kumbh: Spiritual leaders, devotees celebrate Basant Panchami with Amrit Snan
On the auspicious occasion of Basant Panchami, devotees gathered at the Triveni Sangam during the ongoing Maha Kumbh 2025 in Prayagraj for the much-awaited Amrit Snan (holy bath), marking a significant spiritual milestone.
Delhi Assembly polls: Campaigning to end today; parties make final push
The high-voltage campaigning for the Delhi Assembly elections will come to an end at 5:00 p.m. on Monday, with all three major political parties, the ruling Aam Aadmi Party (AAP), the Bharatiya Janata Party (BJP) and the Congress, making their final efforts to woo voters.