New Delhi: The Delhi High Court on Tuesday acquitted a father convicted of repeatedly raping his minor daughter over two years, overturning a lower court's decision to acquit him of all charges on the grounds of delay in reporting the case. done.
A bench headed by Justice Suresh Kumar Kait allowed the appeals of the state as well as the victim, her mother and brother against the acquittal. He commented that instead of finding a "monastery" in her father's lap, the minor girl found a "monster". ,
Admitting that every delay in reporting the case cannot be attributed to a mechanical cause, the court noted that the victim, who was 10 years old when she was first raped, had spent almost two years Endured sexual harassment by his father. The court said she went to the police after noticing that her father had beaten her mother and brother instead of improving his attitude.It was held that the testimony of the victim inspired complete confidence and the trial court gave undue importance to superficial contradictions.
"The perpetrator of the wrongdoing was not an outsider or a stranger. The victim must have thought that she would find a 'mutt' in the lap of her father. She did not realize that he was a 'monster'," the bench said. Manoj was also included. Jain said.
"In view of the clear compelling reason that the finding recorded in the order of acquittal is contrary to the evidence, we have no hesitation in reversing it.Incidents but he was ignored.
The court said that she strongly feels and believes that the incident of beating of her mother and brother by the father acted as a catalyst and acted as a 'satisfaction point' for the victim and her family and hence Delay cannot be called fatal. ,
"We need not remind ourselves that we are dealing with a case where a daughter has been raped not once but repeatedly by her own father in her own home... Such a Mother's Dilemma It is not difficult to understand well." The court said.
“In the patriarchal system, which is still very much dominant in our country, such cases are either not reported at all or are reported when it becomes too much for the victim to bear. Here, the victim is forced to take care of her father. Like there was no ray of hope, despite being interrogated, he did not change his behavior and scolded not only his wife but also the victim and in such a strange situation, the victim tolerated such sexual harassment for almost two years. Remained,” the court said.The court remarked that if both parties had immediately approached the police, the victim could have been saved from everlasting trauma and sought a report on payment of compensation to her.
A bench headed by Justice Suresh Kumar Kait allowed the appeals of the state as well as the victim, her mother and brother against the acquittal. He commented that instead of finding a "monastery" in her father's lap, the minor girl found a "monster". ,
Admitting that every delay in reporting the case cannot be attributed to a mechanical cause, the court noted that the victim, who was 10 years old when she was first raped, had spent almost two years Endured sexual harassment by his father. The court said she went to the police after noticing that her father had beaten her mother and brother instead of improving his attitude.It was held that the testimony of the victim inspired complete confidence and the trial court gave undue importance to superficial contradictions.
"The perpetrator of the wrongdoing was not an outsider or a stranger. The victim must have thought that she would find a 'mutt' in the lap of her father. She did not realize that he was a 'monster'," the bench said. Manoj was also included. Jain said.
"In view of the clear compelling reason that the finding recorded in the order of acquittal is contrary to the evidence, we have no hesitation in reversing it.Incidents but he was ignored.
The court said that she strongly feels and believes that the incident of beating of her mother and brother by the father acted as a catalyst and acted as a 'satisfaction point' for the victim and her family and hence Delay cannot be called fatal. ,
"We need not remind ourselves that we are dealing with a case where a daughter has been raped not once but repeatedly by her own father in her own home... Such a Mother's Dilemma It is not difficult to understand well." The court said.
“In the patriarchal system, which is still very much dominant in our country, such cases are either not reported at all or are reported when it becomes too much for the victim to bear. Here, the victim is forced to take care of her father. Like there was no ray of hope, despite being interrogated, he did not change his behavior and scolded not only his wife but also the victim and in such a strange situation, the victim tolerated such sexual harassment for almost two years. Remained,” the court said.The court remarked that if both parties had immediately approached the police, the victim could have been saved from everlasting trauma and sought a report on payment of compensation to her.