Chhattisgarh HC reduces father's life term to 20 years for raping minor daughter; cites victim's consistent testimony
The court, while upholding the conviction, found the original sentence too harsh considering the facts and circumstances of the case.
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'While dealing with the said case, where the victim all throughout maintained her allegation against her father to be the person who committed forcible sexual intercourse with her and thus robbed her chastity. Version of the minor victim, in the facts and circumstances of the case, merits acceptance, inasmuch as, the evidence of rape victim is more reliable than even that of an injured witness. The minor contradictions and discrepancies in her testimony are insignificant and immaterial and are liable to be ignored,' the court observed.
A division bench of Justice Rajani Dubey and Justice Sachin Singh Rajput pronounced the order, in an appeal filed by the 38-year-old father. He had challenged the judgment dated September 19, 2019, passed by the Special Judge (POCSO Act), Baikunthpur. The lower court had convicted the father under Section 376(3) of the Indian Penal Code (IPC) and sentenced him to life imprisonment along with a fine of Rs 1 lakh.
The incident dates back to December 5, 2018, when the then 13-year-old victim reported to the police that her father had sexually assaulted her while she was asleep.
The victim disclosed the incident to a relative five days later, leading to the lodging of an FIR on December 20, 2018.
During the trial, the prosecution examined eight witnesses. The victim testified that she had pain and bleeding following the rape by her father. She also stated that her father had threatened her not to disclose the incident. Dr. Ayushree Rai, who medically examined the victim, found signs of recent hymen rupture, supporting the prosecution's case.
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The defence argued that there was an unexplained delay of 15 days in lodging the FIR and that medical evidence did not support the prosecution's claims as no external injuries were found.
The High Court, after reviewing the evidence, noted that while there was a delay in reporting the incident, such delays are common in cases involving sexual assault on minors due to social stigma. The court emphasized that the victim's testimony remained consistent and trustworthy across all stages, from the FIR to the cross-examination.
The court cited a Supreme Court ruling which states that conviction can be based solely on the testimony of the prosecutrix if it inspires confidence and is reliable.
The bench concluded that the prosecution successfully established its case beyond all reasonable doubt and found no fault in the trial court's decision to hold the accused guilty.
However, on the matter of sentencing, the High Court referred to a similar case, Khemchand Rohra v. State of CG, and deemed the life imprisonment sentence to be excessively harsh. The court, therefore, reduced the sentence to 20 years of rigorous imprisonment, while maintaining the fine of Rs 1 lakh.
(The victim's identity has not been revealed to protect her privacy as per Supreme court directives on cases related to sexual assault)
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