HC reverses acquittal, finds man guilty of raping his daughter | Latest News Delhi

The Delhi High Court on Tuesday convicted a man of raping his minor daughter for two years, noting that the girl found not a “monastery” but a “monster” on her father’s lap.

In a 34-page verdict, Justices Suresh Kumar Kait and Manoj Jain observed: “The wrongdoer was not an outsider or a stranger. The victim must have thought that she would find a “monastery” in her father’s womb. She didn’t know he was more of a monster.”

The court said: “We need not remember that we are dealing with a matter where a daughter was raped by her own father in her own house, not just once but repeatedly… It is not difficult “To understand the dilemma of such a mother.” as well as.”

The court was considering a plea filed by the State and the victim along with her mother and brother challenging the June 2019 order of a city court acquitting the man of committing offenses punishable under Section 6 (Punishment for Aggravated Sexual Assault). punishable under the POCSO Act and Sections 506 (punishment for criminal intimidation) and 323 (punishment for voluntarily inflicting hurt) of the Indian Penal Code (IPC).

In the order, the city court ruled that the prosecutor’s story did not inspire confidence and was not credible. The court acquitted the man and ruled that not only was there a gross delay in registering the FIR, but there were also numerous contradictions and inconsistencies that remained unexplained. The city court also ruled that the prosecution failed to disclose the true origin of the crime.

The petitions before the Supreme Court alleged that the trial court failed to evaluate the evidence from the desired perspective and gave undue weight to contradictions that were trivial and superficial in nature.

The accused claimed that he was falsely implicated in the case as there was a dispute between him and his wife. He claimed his wife portrayed their daughter as a victim to make false claims that he had raped her.

In his ruling, judge Manoj Jain rejected the claim that the case against the man was “motivated or planned”.

“Furthermore, we are not inclined to assume that the victim would come out with a story alleging that she was sexually abused in the last two years simply because of petty disputes between the respondent and his wife,” the court said.

The judges noted that the court can always ignore and tolerate the delay if it is presented in a satisfactory manner, provided that the testimony is of excellent quality.

“In a patriarchal system that is still prevalent in our country, such matters are either not reported at all or when it is beyond the tolerance of the victim. Here the victim did not see any glimmer of hope as her father did not improve despite being questioned and verbally abused not only his wife but also the victim and in such a special situation the victim tolerated such sexual assault for about two years. When she realized that her father had beaten her mother and brother, she felt that it was enough. She went to the police station and gave a full account of what had happened to her,” the court said.

As a result, the Supreme Court reversed the acquittal, emphasizing that the lower court misunderstood and misinterpreted the evidence and gave undue weight to contradictions that were superficial in nature.

“There would rarely be a foolproof case where there is no deviation, omission or contradiction. A sexual assault victim living with severe trauma cannot be expected to photograph the entire incident, especially if the act lasted approximately two years. The essence and content of all versions remain the same and consistent,” the court said.