Today, On 14th May, Delhi High Court convicted a man for the rape of his own 10-year-old daughter. The court’s verdict sends a strong message against such heinous crimes and reinforces the commitment to protect children from sexual abuse. This landmark decision highlights the need for stringent punishment and increased awareness to combat child sexual abuse in society.
New Delhi: The Delhi High Court found a man guilty of committing aggravated penetrative sexual assault (rape) against his own 10-year-old daughter for a period of more than two years. In a recent ruling, a Division Bench consisting of Justices Suresh Kumar Kait and Manoj Jain determined that the man, known as PDD, guilty of offenses under Sections 6 of the Protection of Children from Sexual Offences Act (POCSO Act), as well as Sections 506 (criminal intimidation) and 323 (voluntarily causing hurt) of the Indian Penal Code (IPC).
The Bench observed the trial court’s decision to acquit the man in this case. In their judgment, the Court remarked that the young victim must have believed that she would find solace and protection in the arms of her father, but she tragically unaware that he, a despicable individual capable of such monstrous acts.
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The Court stated,
“We firmly believe that the Trial Court erred in its interpretation of the evidence, relying on conjectural inferences. This compels us to overturn the acquittal order. Given the compelling evidence contradicting the findings of the acquittal, we have no hesitation in reversing it,”
As a result, the Court convicted the man.
The Court ruled,
“The Bench, therefore, grants both appeals and finds the respondent (PDD) guilty of committing offenses under Section 6 of the POCSO Act and Sections 506 and 323 IPC,”
In January 19, 2013, a 12-year-old girl came forward to the police, disclosing that her father had been sexually assaulting her for the past two years. The following day, she reported that her father, who heavily intoxicated, verbally abused and physically assaulted her mother upon her mother’s return from work. Furthermore, her brother also subjected to physical abuse. Troubled by these events, she decided to seek help from the police.
Consequently, her father charged with offenses under Section 6 of the Protection of Children from Sexual Offenses (POCSO) Act, Section 506 of the Indian Penal Code (IPC) for threatening the victim, and Section 323 of the IPC for assaulting his son and wife. However, during the trial, the accused acquitted of all charges.
Upon careful consideration of the arguments, the High Court concluded that the trial court erred in being influenced by the delay in reporting the crime and attached undue significance to minor inconsistencies that were inconsequential in nature.
The Court stated,
“After thoroughly examining the entire record, we are convinced that the victim’s testimony is entirely credible, leaving no room for doubt or suspicion. The consistent testimony of all three witnesses carries a strong sense of truth, as they mutually corroborate each other,”
The Division Bench also found no grounds to believe that the case fabricated or instigated.
The Bench remarked,
“Furthermore, we do not find it plausible that the victim would fabricate a story of being sexually assaulted over two years simply due to minor conflicts between the accused and his wife. The perpetrator was not an outsider but someone within the family. The victim likely believed she would find refuge with her father, only to realize he was the opposite a ‘monster.’ Unfortunately, neither she nor her mother could muster the courage to report the incident to the police. If they had done so promptly, the victim might have been spared from enduring ongoing trauma,”
The next hearing for the case scheduled for May 24, during which the arguments on the sentencing will take place.
The Delhi Police represented by Additional Public Prosecutor (APP) Manjeet Arya.
Advocates Tara Narula and Harshvardhan Jain appeared on behalf of the victim in the case.
The accused represented by a group of advocates, namely Kamlesh Kr Mishra, Dipak Raj, Bibhuti Bhushan Mishra, Kailash Kr Jha, Anubhav Gupta, Ravi Ranjan Mishra, Aditya, Shweta Priya, Anish Raj, Deep Raj, Renu, Shivani Verma, Samishti Solomons, Nitin Kr Nayak, and Tripti Jugal.
Read Judgement
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