The Delhi High Court has upheld the 10 years’ prison sentence awarded by a lower court to a man for raping his two minor daughters, while observing that the two girls, who were victims of their father’s lust, had no reason to falsely implicate him in the case.
Refusing to show leniency to the convict, Justice Pratibha Rani of the High Court cited the Supreme Court’s ruling in a case in 2006 in which such an offence was described not only as a violation of law, but also as “betrayal of trust”.
The apex court had observed that a man charged with raping his own daughters is worse than the gamekeeper becoming a poacher and treasury guard becoming a robber. “The father is the fortress and refuge of his daughter in whom the daughter trusts,” the Supreme Court had stated.
Giving credence to the testimonies of the victim sisters, the High Court condoned the delay in reporting the matter to the police by the elder victim, saying it was done to avoid a situation where she and her three siblings could be rendered homeless.
Daughter reported matterThe man, who lived with his four daughters here, was sexually assaulting the eldest daughter, who was 15 years old. He had got married twice, but both his wives left him. His daughter reported the matter to the police when he raped another 11-year-old daughter in September 2007.
Convict’s plea dismissedUpholding the trial court’s judgment, the High Court dismissed the appeal filed by the convict being devoid of merits and said the long silence of the victim, who did not report the matter to the police when she was being sexually assaulted, had to be examined in the light of the fact that her own father was a predator.
While observing that there was no ground to interfere with the conviction under Section 376 (rape) of the Indian Penal Code, the Court said the convict had been awarded the sentence of rigorous imprisonment for 10 years, which was the minimum sentence prescribed for the offence against women under 12 years of age.
