Rape Is Violation Of Victim’s Fundamental Right Under Article 21: Gauhati HC

Rape is a violation of victim’s fundamental right under Article 21 of the Constitution, observed Gauhati High Court while dismissing an appeal filed by a man convicted of raping a twenty year old girl. Justice Rumi Kumari Phukan observed that rape tantamount to a serious blow to the supreme honour of a woman and is a crime against the entire society as well. Nasir Uddin Ali was convicted under Section 376 of the IPC and sentenced to undergo rigorous imprisonment for a period of 9 (nine) years by the Trial Court. The girl was working in a private hospital on daily wage basis. The prosecution case was that, on the night of 26.11.09, at about 10:00 P.M., while the victim was on her way to home on foot from Digboi Chariali market and arrived near Digboi club, the accused forcefully took her to the bathroom of nearby swimming pool and committed rape upon her. The accused, before the High Court, had contended that his conviction on the basis of sole testimony of the victim is bad in law.