Guwahati: Gauhati high court has upheld the 20-year jail term of a man convicted of repeatedly raping his 13-year-old adopted daughter, while expressing shock over the continued use of the outlawed ‘two-finger test’ in rape cases despite the Supreme Court having prohibited the practice more than a decade ago.A bench of Justices Michael Zothankhuma and Rajesh Mazumdar was hearing the man’s appeal against a July 2023 judgment of a Pocso court in Karbi Anglong district, which sentenced him to 20 years’ rigorous imprisonment and imposed a fine of Rs 10,000.“We are surprised to learn that a two-finger test has been conducted by a doctor, even though there have been decisions by the Supreme Court holding that the two-finger test and its interpretation… as to whether the same give a clear indication that the prosecutrix was habitual to sexual intercourse, violates the right of rape survivors to privacy, physical and mental integrity and dignity,” the high court stated.The case stems from allegations that the survivor, adopted by the accused and his wife as a young child, was repeatedly sexually assaulted beginning in April 2022 when she was 13 years old. The FIR said the girl’s mother prevented her from disclosing the alleged rape to others. The victim later disclosed the matter to one of the prosecution witnesses in Sept 2022, who was a resident of the same village.After investigation, the investigating officer submitted a chargesheet against the accused and his wife under relevant IPC provisions and the Pocso Act. The trial court convicted the man under the Pocso Act and acquitted his wife.Challenging the conviction, the accused moved Gauhati high court in 2023.Rejecting the argument that the FIR was delayed, the high court said it was understandable for a traumatised child to remain silent, particularly when she was allegedly told not to speak about the assaults. The court also noted the complaint was filed by villagers who were not related to the victim and had no enmity with the accused.The court said it found no reason to interfere with the trial court’s judgement and dismissed the appeal.
