The Kerala High Court has observed that when a father raped his daughter, it was ‘worse than a gamekeeper becoming a poacher or a treasury guard becoming a robber.’
Justice R. Narayana Pisharady made the observation recently while confirming the sentence of 12 years rigorous imprisonment (RI) and a fine ₹50,000 awarded by the Kalpetta Sessions Court to a man for raping his daughter.
“There can never be more graver and heinous crime than the father committing rape on his own daughter. The protector then becomes the predator,” the court added.
The accused was a person who was duty bound to provide the victim girl protection and support. But, he had perpetrated sexual assault and rape on her. One could not even imagine the trauma the victim would have suffered. It was a case in which on account of the rape committed on her by her own father, she had delivered a male child. The sufferings endured by the victim girl would be beyond imagination. In such circumstances, the accused was not entitled to any leniency in the matter of punishment, the court observed.
The court, however, set aside the conviction and sentence awarded under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act as the prosecution was not able to prove the age of the victim.
