Bombay HC Upholds Life Sentence Of Father Convicted Of Raping Minor Daughter
· Free Press Journal
Mumbai, March 9: The Bombay High Court on Monday upheld the life sentence of a man convicted of raping his minor daughter, observing that the sentence was appropriate given the gravity of the crime and the breach of trust involved. The court clarified that the man would serve his life sentence for the “remainder of natural life”.
Visit asg-reflektory.pl for more information.
Court rejects defence of false implication
A bench of Justices Manish Pitale and Shreeram Shirsat rejected the father's defence that he was falsely implicated after he discontinued the daughter’s education, observing that it was “far-fetched” to accept that the victim would make such serious and drastic allegations against her own father.
Abuse reported during school outreach programme
In 2018, the victim, then a 10th-standard student, reported years of abuse to a counsellor during a “Police Didi” outreach programme at her school. Following an investigation into incidents occurring between 2012 and 2018, a special POCSO court convicted the father in March 2020 under the IPC and the POCSO Act.
The father challenged the conviction before the High Court. His advocate argued that the victim was not a minor, citing an ossification test that placed her age between 17 and 18. The defence further claimed the girl had “concocted a false case” because she was angry that her parents wanted her to discontinue her studies.
School records given primacy over medical test
However, the High Court noted that the father had previously admitted his daughter’s birth date was February 15, 2002, in both school records and an affidavit.
The bench emphasised: “Documentary material... has to be given primacy over any medical or ossification test. In the first place, school records are to be given primacy.”
Court praises victim’s testimony
The court lauded the victim’s courage, describing her testimony as “steadfast” and “sterling”.
It dismissed the defence's claim that the abuse was impossible in their crowded 10x10 ft. room, noting that the prosecution proved moments where the two were alone.
Regarding the medical evidence, the court clarified that “old hymenal tears” aligned with the victim’s timeline of abuse.
The bench remarked: “A child may be angry with her parents... but it would be far-fetched to accept that only for this reason, the victim made such serious, drastic, and far-reaching allegations against her own father.”
Also Watch:
Bombay HC Dismisses Petition Challenging Shiv Sena MLA Dilip Lande’s Chandivali Election VictoryLife imprisonment for remainder of natural life
The court concluded that as a father, the appellant was in a “position of trust and authority”, and under the amended Section 376 of the IPC, the law leaves no discretion but to impose a life sentence for the remainder of his natural life.
To get details on exclusive and budget-friendly property deals in Mumbai & surrounding regions, do visit: https://budgetproperties.in/