Bombay high court considering a criminal appeal upheld the conviction and life sentence of the appellant who was found guilty of sexually exploiting his minor daughter and stating that “It was a case of fence eating into the crop.
Facts
The appellant used to live in a slum area at Anand Nagar, Vasai alone with his 15-year-old daughter and 6-year-old son since their mother left them and married someone else. Since one year prior to November 2014, the appellant used to disrobe the victim and commit forcible sexual intercourse with her. The victim told that many times the accused threatened her, tied her, and also gave her drugs before ravishing her. The victim finally mustered courage and informed the police with the help of a member of Mahila Dakshta Samiti. After due investigation, the special court tried the appellant under multiple charges under IPC and POSCO act. The court examined multiple witnesses, the victim’s testimony, and medical evidence and found the father guilty and sentenced him to life imprisonment. This judgment was challenged by the father through appeal in the Bombay high court.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
Appellant’s Contention
The appellant’s counsel challenged the special court’s conviction on multiple grounds. The council argued that the special court placed implicit reliance on the victim’s testimony without necessary corroboration and that victim’s testimony had multiple omissions due to which it was unsafe to solely rely on it. The appellant’s counsel contended that there was an unexplained delay in the FIR and multiple testimonies of neighbors were omitted which puts a dent on the prosecution’s credibility.
Prosecution’s Response
The learned APP submitted that the special judge’s reliance on the victim’s testimony was not erroneous and medical evidence in form of the doctor’s testimony provided the requisite corroboration. The counsel further submitted that delay in FIR and non-examination of additional witnesses was not significant for the case.
The Court’s Decision
The Court found that the victim’s testimony even with some omissions was still reliable since she did not detract from her claims substantially. The court further stated regarding the victim’s testimony that “It is trite law that minor discrepancies and variations in the matter of trivial details which do not affect the core of the prosecution case should not be given undue importance to jettison away otherwise reliable testimony.” The court also relied on the supreme court case of Vijay alias Chinee vs. State of Madhya Pradesh where it was held that the court may convict on the sole statement of prosecutrix where it is worthy of credence and reliable.
The court found the medical testimony of the doctor who examined the victim of notable relevance and said that it was evident from the doctor’s testimony that the victim was minor and had gone through repeated sexual intercourse.
Wanted To Stay Updated & Gain Knowledge. Join Our What'sApp Group Here.
The court further stated that delay in FIR and non-examination of neighbors as witnesses were also of little significance and the victim’s own testimony with the medical evidence was enough for a conviction. The court thus upheld the conviction and stated “The relationship between the accused and the victim exacerbates the situation and aggravates the gravity of the offense” And upheld the punishment of life imprisonment saying that justice dictates most stern punishment for sexual predators.
The court further recommended the state legal services authority to award appropriate compensation to the victim under the Victim Compensation Scheme framed by the State of Maharashtra. since she was left alone with her brother after her father was sent to jail.
0 Comments