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Madhya Pradesh High Court recently upheld the Life Imprisonment awarded to a man, one Moolchand for raping a one-year-old-girl. Court observed, "If a girl aged about 1 year is not safe in Society, then it would create havoc in the Society."

The bench of Justice G. S. Ahluwalia and Justice Rajeev Kumar Shrivastava upheld the lower court's order stating that "such incidents are to be dealt with in all seriousness". 

The court was hearing the plea filed by one Moolchand assailing the decision of Additional Sessions Judge, Seondha, Distt. Datia wherein the court had convicted him under section 376(2)(f) of Indian Penal Code and sentenced him to undergo Life Imprisonment.

Interestingly, convict's counsel had raised an argument that the prosecution witness has not stated that he had seen the convict committing rape, but he had merely stated that he had seen him committing “Bura Kaam”. The counsel had, therefore, contended that it could not be said that the convict had committed rape on the victim.

Rejecting this argument outrightly, the court held that the entire evidence of the prosecution witnesses should be read as a whole. Court said,

"It is well-established principle of law that the Court should handle the cases of rape with all sensitivity. A prosecutrix is not expected to explain the sinful act in detail, by giving minute details of each and every act...No one should be allowed to place the prosecutrix in a more awkward condition while recording her evidence."

In the instant case, the father of the girl child had filed a complaint on October 11, 2008, stating that while he and his wife were working outside their house, Moolchand came, took their daughter, who was playing on a platform nearby the house and returned her after half an hour. 

The father had stated that the child was returned, she was crying and her underwear was stained with blood. Child's mother had also found that blood was oozing out from baby's private part. 

One eyewitness had also stated that when he was passing Moolchand's house, he heard the cries of a child, and accordingly went inside finding that Moolchand was committing rape on the victim girl child. 

Thereafter, a case was registered and the trial court had convicted Moolchand. Challengin this order, he had come to the high court. 

Case Title: Moolchand v. State of M.P.