Kochi: Handing down life imprisonment to prime accused Dharmarajan, while upholding the sentence of 23 other accused nearly 18 years after the horrific Suryanelli gangrape case, the High Court Friday observed that it cannot be said that the victim was a 'deviant' girl."
The victim, who was a minor at the time, was taken to various places in Kerala and Tamil Nadu by the accused, travelling about 3000 km during a 40-day ordeal when she was raped by over 40 persons, before being released on February 26, 1996.
There were 36 accused in the case, of which five had died during trial. Seven accused were acquitted by the bench, constituted to hear the pleas afresh, Friday.
The special bench, comprising justices K T Sankaran and M L Joseph Francis, awarded sentences varying from five to 13 years and fine to the 23 accused.
The first accused, Raju, a bus conductor in Idukki and second accused Usha, were awarded 13 years RI for procuring the minor girl and giving her to the other accused.
The bench rejected the views put forth by the accused touching on the character of the victim. Their contention that the girl did not make any attempt to escape from their custody was also turned down by the court.
The court said "she was in a trap, she was terrorised and threatened by Dharmarajan."
The bench, while upholding the sentence awarded by Sessions Court at Kottayam, rejected the plea of the accused that the victim was 'deviant', and that she could have escaped during her captivity.
The victim had stated that she fell in love with Raju and had eloped with him and had pledged her gold ornaments.
"So it cannot be said that she is a 'deviant' girl," the judges observed.
The court also said she had not left her home out of lust or for money. "There is no material to prove such allegations," the judges observed and rejected the allegation that the victim was a 'child prostitute'.
Expressing its anguish on the increasing rate of crime on children and women in the state, the judges said this shows the state of affairs.
"Rape causes destruction and murder of physical body of the victim," they said, fully justifying the findings of the trial court.