On 11th April, the Pathanamthitta District Court sentenced an ambulance driver named Noufal to life imprisonment for raping a Dalit Covid patient in 2020. The case had sparked widespread outrage during the early days of the Covid-19 pandemic. Twenty-nine-year-old Noufal had raped a 19-year-old Dalit woman who was being transported to a Covid care facility. He was found guilty under various sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The court also imposed a fine of ₹2 lakh on the convict. Noufal had remained in custody throughout the five-year-long trial.
Rape occurred during first Covid wave
Noufal was working as a driver with the Kerala state health department at that time. The incident took place on 5th September 2020. The victim had tested positive and was being transported from Adoor General Hospital to the Covid ward at Archana Hospital in Pandalam. Another patient was also present in the same ambulance.
Noufal did not take the victim directly to the hospital and detoured to Kozhenchery, which was 26 km away, and dropped off the other patient. On the return journey, he stopped the ambulance at a deserted spot and raped the survivor inside the vehicle. After committing the heinous crime, he proceeded to drop her at the hospital and fled.
Details of the case
Noufal was booked under Sections 366, 342, 323, 354, 354(B) and 376 of the Indian Penal Code and Sections 3(1)(w)(i), 3(2)(v) of the SC/ST Act. While the judgment in the case is yet to be uploaded, OpIndia accessed related court documents.
The incident took place between 12:09 AM and 12:19 AM. The court noted that Noufal, who belongs to the Muslim community, intended to kidnap and sexually assault the victim. He took her to an unoccupied property on the Aranmula–Pandalam public road, got out of the driver’s seat, and entered through the back door. He wrongfully restrained the victim, forcibly grabbed her, closed her mouth, and slapped her on the cheek. He kicked her in the abdomen and made her lie on the ambulance seat to rape her.
Shockingly, when the rape was committed, the victim was in her menstrual period. The incident caused her mental trauma, and a hospital psychiatrist provided counselling over the phone. According to medical documents, she also suffered vaginismus, a painful condition caused when the vagina suddenly tightens up if someone tries to insert something. During the medical examination, she was non-cooperative due to trauma, and the psychiatrist had to counsel her to convince her to undergo the examination.
The victim also tried to commit suicide due to the mental trauma. During the bail hearing of the convict, the victim herself strongly opposed bail. The prosecution pointed out that the sexual molestation incident destroyed the entire psychology of the victim and pushed her into a deep emotional crisis.
Victim’s courage and evidence helped secure conviction
When the victim reached the hospital, she immediately informed her mother and medical staff about the incident. Her mother was admitted to the same hospital for Covid treatment. The hospital administration swiftly swung into action and called the police. Noufal was apprehended the next day.
The victim showed courage following the incident and had recorded Noufal’s apology on her mobile phone. The convict had apologised and pleaded with her not to reveal the incident soon after committing the crime. His appeal was captured on record and presented as evidence in court.
Prior record and sentencing
While announcing the judgment, the Pathanamthitta Principal Sessions Court noted the gravity of the crime, particularly in the context of the pandemic and the victim’s vulnerability, before awarding the life sentence. Notably, Noufal was already facing charges in a separate attempted murder case that was registered in 2019.
The judgment sentenced him to life imprisonment and imposed a fine totalling ₹2 lakh. ₹1.08 lakh was imposed under IPC provisions, while the remainder was under the SC/ST Atrocities Act.
