The Kerala High Court has upheld a 10-year rigorous imprisonment sentence for a man convicted of sexually assaulting a 73-year-old woman after claiming he could rid her of evil spirits.
Justice A Badharudeen dismissed the convict’s appeal, holding that inconsistencies over the date of the incident, a 19-day delay in reporting it and the absence of visible injuries during the medical examination did not undermine the survivor’s account.
The ruling reaffirmed the trial court’s finding that the man was guilty of rape and sexual harassment under the Indian Penal Code (IPC). The High Court also cancelled his bail and directed him to surrender before the trial court to serve his sentence.
Claim of Removing Evil Spirits Led to Assault
The case dates back to October 8, 2022, when the accused, Muhammed, visited the elderly woman’s home in Thrissur. She had contacted him on the advice of her son, and the man was already known to her, having visited her residence on three earlier occasions.
According to the prosecution, Muhammed claimed that evil spirits were present in the woman’s body and offered to remove them. Under this pretext, he sexually assaulted her, touching her breasts and private parts and inserting his finger into her vagina.
The trial court subsequently convicted him of rape and sexual harassment. It awarded him 10 years of rigorous imprisonment and imposed a fine of ₹1 lakh for rape. For sexual harassment, he received a three-year prison term and a fine of ₹25,000. Both sentences were ordered to run concurrently.
After the trial court delivered its verdict in September 2024, Muhammed challenged the conviction before the High Court.
Court Rejects Attempts to Discredit Survivor’s Account
The accused questioned the reliability of the woman’s testimony, pointing to differences in her statements about whether the assault took place on October 7 or October 8, 2022.
He also cited the testimony of the woman’s son, alleging that a property dispute had prompted her to falsely implicate him. The delay in approaching the police was another ground raised in the appeal.
The High Court found these arguments insufficient to overturn the conviction.
It noted that the woman had corrected the date in a subsequent statement to the police. Telephone records also supported her account, showing three calls between her and the accused on October 8.
The Court further observed that the son himself had differences with his mother. His testimony, therefore, could not be treated as sufficient grounds to reject her allegations of sexual assault.
No Injuries Did Not Mean No Assault
The absence of injuries during the woman’s medical examination was another point raised by the accused. The Court, however, found no merit in using that fact to discredit her testimony.
The doctor had explained that the examination took place around 20 days after the incident, leaving enough time for any injuries sustained during the assault to heal.
The Court also addressed the delay in registering the First Information Report (FIR). It accepted the explanation that the woman had waited to consult her children before approaching the police, finding that the delay did not, by itself, invalidate her allegations.
After examining the arguments and evidence, the High Court found no reason to interfere with the trial court’s decision.
Dismissing the appeal, Justice Badharudeen upheld the conviction and sentence, concluding that the survivor’s testimony was sufficient to sustain the findings of guilt.