A man accused of raping a 10-year- old mentally-weak girl here has been found guilty by a Delhi court which relied on the DNA report in the case to pass the verdict over the "barbaric act".
Additional Sessions Judge Renu Bhatnagar convicted Albaksh, a native of Madhya Pradesh, after observing that, "The present case is a classic example of the barbaric act of the accused that overtook his moral and human sensitivity and he ravished a mentally weak child of 10 years."
The court said, "The recovery of the girl from Albaksh, her immediate medical examination, her conduct of crying and nodding in the affirmative to the question whether he had committed a wrongful act with her and, the last but the most important aspect, the matching of the DNA result, clearly proves beyond doubt that it was the accused and nobody else who committed forcible rape upon the prosecutrix".
The court noted that as per the reports of doctors at AIIMS, the minor was mentally weak and had a low IQ.
According to the prosecution, Albaksh had raped the girl on the night of April 8, 2010, at DND flyover here. The accused had taken the girl out of her house when her father was absent.
The accused was caught when the cries of the girl drew a patrolling officer and two other guards to the spot where he had taken her.
The girl could not explain to the guards as to what had happened as she could speak no other language but Bengali. She, however, nodded in the affirmative when asked if the accused had abused her. The girl has since deposed in the court through the help of a translator.
The court rejected Albaksh's plea that he had been falsely implicated in the case, saying it was not probable that police officials would have put up a false witness in the case with the medical evidence and the DNA report also pointing at his culpability.
The court observed that merely because the girl could not specifically depose about having been raped by the accused as she was mentally weak did not mean that he had not raped her.
