Uncle jailed for 10 years for raping 21-year-old married niece in moving bus

A sessions court in Surat has sentenced a man to 10 years of rigorous imprisonment for repeatedly raping his 21-year-old married niece inside a moving sleeper bus in 2018. The accused, the victim’s maternal uncle, was accompanying her from Surat to her in-laws’ house in Rajkot on September 6, 2018.

Additional Sessions Judge convicted the accused under Sections 376(2)(F) and 376(2)(N) of the Indian Penal Code.

The court noted that the accused took advantage of the night journey and the victim’s isolation in the double-sleeper coach, accused raped her repeteadly without consent, slapped her near the right eye when she resisted, and threatened to throw her out of the moving bus if she raised an alarm.

The court relied on the victim’s affidavit, her mother’s testimony, and evidence from cross-examination, which established the non-consensual nature of the assault. The judge noted that the victim was prevented from shouting as the accused pressed her face and issued death threats.

Defence lawyers argued that the crime allegedly occurred in a bus yet the victim did not alert any co-passenger, driver, or conductor. The court dismissed this contention, observing that the incident took place at night on a highway, with other passengers asleep in their berths and the noise of the bus engine and passing vehicles likely drowning out any cries for help.

The incident took place on September 6, 2018, when the accused, the victim’s maternal uncle, was escorting her from Surat to her in-laws’ house in Rajkot in a sleeper bus. During the overnight journey, he repeatedly raped her, pressed her face to prevent her from screaming, and threatened to throw her out of the moving bus if she made any noise.

After reaching Rajkot, the accused left for Surat while the victim proceeded to her in-laws’ home. Victim later narrated the entire incident to her mother over the phone. The revelation severely affected the mother’s health, prompting the victim’s father to summon both the survivor and her husband back to Surat. It was only then that the husband was informed of the assault.

Based on this on September 8, 2018, a FIR was registered with Mahidharpura Police Station in Surat under 376(2)(F), 376(2)(N) and several sections  of Indian Penal Code 1860.