'Case Of Betrayal Of Trust': Chhattisgarh HC Upholds Life Sentence For Man Who Repeatedly Raped Minor Daughter

“The accused instead of showing fatherly love, affection and protection to the child against the evils of the society, rather made her the victim of lust. It is a case where trust has been betrayed and social values are impaired. Therefore, the accused as such does not deserve any sympathy and/or any leniency,” a bench of Chief Justice Ramesh Sinha and Justice Arvind Kumar Verma observed.

The Court also emphasised that nothing can be more heinous than a crime committed on the person of a child by her father and that it is necessary for the Courts to have a sensitive approach when dealing with cases of child rape.

The Court was essentially dealing with an appeal filed by the Convict challenging the Judgment of the (POCSO) Additional Sessions Judge, Bilaspur, convicting him under Sections 324 IPC and 5(L) (M) (N) /06 of the POCSO Act. He was sentenced to life imprisonment.

Before the HC, the counsel for the Convict-appellant contended that the prosecution hadn't sufficiently established the case beyond a reasonable doubt and that the medical examination conducted on the victim failed to reveal any internal or external injuries.

It was also argued that apart from the victim's testimony, there's a lack of credible evidence supporting the allegations, and medical evidence fails to corroborate her claims.

Consequently, it was submitted that the trial court's verdict solely based on the victim's testimony is untenable and hence, the conviction is liable to be reversed.

On the other hand, counsel for the state argued that argues that the victim, being a minor, has provided inherently trustworthy testimony, as there appears to be no motive for her to accuse her father falsely.

The State counsel also emphasised that the victim's testimony is clear, credible, and unshaken, providing sufficient evidence to support the prosecution's case. Thus, the same should be deemed reliable.

Having heard the arguments from both sides and thoroughly examining the evidence and the trial court's judgment, the Court, at the outset, observed that the Supreme Court has ruled in a catena of Judgments that the conviction of the accused can very well be based on the sole testimony of the victim in cases of sexual assault/rape.

The Court noted that the prosecution had proved that the victim was a minor at the time of the alleged sexual assault and that the victim was less than 12 years of age when she was sexually assaulted by the accused. 

Further, upon perusal of the testimony made by the victim, the Court observed that in her statement under Section 164 CrPC, the victim had clearly stated that her father used to ravish her with his devilish act and that she had been consistent in her deposition before the court too.

There is, therefore, the Court added, no reason to disbelieve the testimony of the victim, which is consistent and reliable and has a ring of truth.

“From perusal of the testimony made by the prosecutrix which has remained unshattered in cross-examination unequivocally reveals that the commission of the offence by the appellant is described in clear and unambiguous words and her testimony has remained consistent during cross examination. The prosecutrix has clearly stated that her father-the appellant had committed rape upon her and thereafter threatened her with dire consequences if she told anyone about the incident,” the Court further observed.

Against this backdrop, the Court found that the statement of the prosecutrix had been consistent from the beginning to the end, from the initial statement to the oral testimony, without creating any doubt qua the prosecution's case.

Thus, the Court opined, there was no doubt that being in a position of authority and trust, the accused being the father of the victim, sexually exploited his minor daughter aged about 12 years.

The Court also noted that the oral testimonies of the prosecution witnesses (PWs-1, 2, 3, 4, 8, and 9, i.e., the victim and the neighbours) on the convict's culpability were unerringly pointing to his guilt.

Consequently, the trial court upheld the conviction and sentence awarded to the appellant, and the appeal was accordingly dismissed.

Case title – Lalchand Rohra vs. State Of Chhattisgarh

Case Citation: 2024 LiveLaw (Chh) 10

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