The Delhi High Court has dismissed the appeal of a temple priest convicted of raping a woman with mild mental retardation inside temple premises, ruling that her testimony remained trustworthy despite minor inconsistencies. Justice Vimal Kumar Yadav upheld the trial court's 2013 verdict, directing the appellant, Santosh Tiwari, to surrender and serve out his remaining sentence.
Background of the Case
The case dates back to February 2010, when the incident allegedly took place inside a temple where Tiwari worked as a priest. The complainant, referred to as the prosecutrix throughout the proceedings, was around 30 years old but had a significantly lower mental age due to mild mental retardation, with an IQ level of 60 as recorded in a disability certificate.
According to the prosecution, Tiwari had asked her to cook for him at the temple, and when she refused, he allegedly dragged her to a residential room within the temple complex and raped her. She confided in her mother the same day, but the family did not immediately approach the police.
The FIR was eventually registered on March 15, 2010 - over a month after the incident - after Tiwari reappeared in the area following a brief disappearance. His return led to a confrontation with the victim's brother, which turned physical and ultimately brought the police into the picture.
Tiwari was convicted by the trial court in January 2013 and challenged the verdict before the High Court, raising five main objections: the delay in filing the FIR, lack of medical or forensic corroboration, an allegedly improbable prosecution story, contradictions in the victim's statement, and a flawed police investigation.
Court's Observations on the Delay
The court accepted the explanation offered for the 40-day gap between the incident and the FIR. It noted that the victim's mother had initially chosen not to pursue the matter, hoping the accused would leave the temple on his own. Her husband's poor health during this period also contributed to the delay.
The bench observed that the family's initial silence was not unusual, given the social pressures Indian families often face in such situations particularly the fear of stigma and concern for the victim's future. It was only when Tiwari resurfaced near the temple that the victim's brother learned of the incident and confronted him, triggering the police complaint.
On Medical Evidence and Contradictions
The defence had argued that the medical report showed no external injuries and that forensic evidence, including a vaginal swab, was inconclusive. The court agreed that the forensic material - semen traces found on a towel and bedsheet 40 days after the incident - did not meaningfully support the prosecution.
However, it held that a small healed hymen tear noted in the medical examination did indicate sexual intercourse, and that this fell within a plausible healing window matching the timeline of the case.
As for contradictions in the victim's account regarding her familiarity with the accused and prior visits to the temple, the court said these were not significant enough to weaken the case. The bench observed, "the prosecutrix is truthful, unaware of what manipulation is, simple and innocent like a child," adding that such minor lapses in memory were expected given her cognitive condition.
On the "Improbability" Argument
The defence contended that the temple was a public place frequented by visitors, making the alleged assault unlikely, especially at 11 am. The court rejected this, noting that temples typically see footfall in the mornings and evenings, while afternoons are often quieter, making the scenario plausible rather than far-fetched.
It also examined the testimony of a co-priest and the victim's cousin, both of whom were present at the temple but said they hadn't noticed anything unusual. The court reasoned that this did not disprove the incident, since one witness admitted to being absorbed in prayer during the relevant period.
On the Investigation
The defence flagged the site plan, arguing that the room where the assault allegedly took place had three beds and was not a secluded space, undermining the prosecution's version. The court acknowledged this but held that defective or incomplete investigation cannot by itself be a ground for acquittal, citing several Supreme Court precedents on the point.
The Verdict
After going through the testimonies and evidence on record, the court concluded that the victim's statement was consistent on the essential facts who committed the act, where, and how and was corroborated by the medical findings.
Justice Yadav remarked that the appellant's conduct had "shattered the sanctity of a temple, religious beliefs and the priesthood and the trust of the people."
Finding no grounds to interfere with the trial court's findings, the High Court dismissed the appeal, upheld the 2013 conviction and sentence, and directed Tiwari to surrender immediately to serve the remainder of his term, with the benefit of set-off for time already served in custody.
Case Details
Case Title: Santosh Tiwari vs. State NCT of Delhi
Case Number: CRL.A. 335/2013
Judge: Hon'ble Mr. Justice Vimal Kumar Yadav
Decision Date: May 29, 2026
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