A minor rape survivor told a court that the man she called “uncle” should be kept in jail until he grows old. The trial judge listened, and at the end of the verdict wrote the child a personal message.
The Delhi High Court has upheld the life sentence of a man convicted of raping a seven-year-old girl, while directing authorities to personally deliver a powerful message of encouragement written by the trial court judge to the now 10-year-old survivor.
A bench of Justices Pratibha M Singh and Dinesh Bhatt praised the unusual postscript written by Additional Sessions Judge Rajani Ranga of the Rohini court complex. The High Court directed the District Legal Services Authority (DLSA), North West Delhi, to print the message and hand it over to the child.
The High Court also directed that Rs 10.5 lakh in compensation be awarded to the survivor’s family.
The directions came while the court was hearing an appeal filed by convict Sumit Shakya against his life sentence in a case registered at Budh Vihar police station. The case involved offences under the Indian Penal Code relating to rape of a minor and criminal intimidation, along with aggravated penetrative sexual assault under the POCSO Act.
After examining the evidence, including forensic material, the High Court dismissed Shakya’s appeal and upheld his sentence.
The case dates back to July 23, 2023, when the child, then seven years old, was raped by Shakya. The trial court convicted him in May this year and sentenced him to imprisonment for the remainder of his natural life.
However, it was the sentencing order that drew particular attention for its deeply personal message to the child. Breaking away from the conventional language of a court judgment, Judge Ranga directly addressed the survivor and acknowledged her courage in speaking to her mother, identifying the accused and appearing before the court.
“Before parting, this Court must address the child victim – not in the formal language of a judgment but as a judge who has heard her voice, who has read her words, and who has been moved by her courage,” said Judge Ranga.
The judge then referred to the child’s plea that the man she called “uncle” should remain behind bars until he grew old.
“Beta, this Court heard you. When you said ‘Jab tak uncle buddhe na ho jaaye, tab tak unhe jail mein hi rakha jaaye’, this Court listened. And this Court has answered your plea,” the court recorded.
“Today, this Court has ordered that the man you called ‘uncle’ will never walk free again. He will live in a cage for the rest of his life. He will grow old in that cage. He will die in that cage. He will never be able to hurt you, or your little sister, or any other child, ever again,” judge Ranga added.
The judge also praised the child for breaking her silence and telling her mother about what had happened.
“You are the bravest little girl this Court has ever seen. You came to Court, you pointed at the man who hurt you, and you told the truth. The man you called ‘uncle’ did a very bad thing to you. But you did not stay quiet You told your mother. And because you had the courage to speak, he will never be able to hurt another child again,” the order continued.
Acknowledging that the legal process could not undo the trauma suffered by the child, the court wrote, “This Court cannot give you back your childhood. But Court can promise you that your words have been heard. Your plea has been granted. The man who hurt you will never see the sun as a free man again.”
The judge ended the message with an appeal for the child to move forward with her life:
“Now, beta, live your life. Go to school. Make friends. Laugh. Play. Dream. This Court will always remember your courage.”
The DLSA has been given two weeks to comply with the High Court’s direction and submit a status report regarding payment of the compensation to the survivor’s family.