'Held Father Figure, Betrayed Trust': Bombay HC Upholds Life Sentence Of 55-Yr-Old For Raping His Domestic Helper's Minor Daughter

"This evidence shows that the trust of the victim is betrayed by the accused. The accused was under moral obligation to protect the child in the background that he was having his own daughter but he destroyed her future life. The accused had destroyed the physical body of the victim and degrades the very soul of helpless girl. It is to be borne in mind that the accused is the person who has violated the victim's privacy and personal integrity and also caused serious psychological as well as physical harm to the victim", the court stated.

The division bench of Justice Rohit Deo and Justice Urmila Joshi-Phalke of Nagpur dismissed the man's appeal against conviction under section 376(2)(f)(j)(i)(n) of the IPC.

The mother of the victim used to work as a domestic servant in the appellant's house. The victim was staying with the appellant and his family. After her mother had a second marriage, she continued to stay with the appellant. After the girl complained about abdominal pain, she was taken to the hospital and it was revealed that she was 7 months pregnant. She disclosed that the appellant repeatedly raped her since she was in 9th standard. The mother lodged a complaint and the trial court convicted him. Hence the present appeal.

According to the DNA report, the prosecutrix and the appellant are the biological parents of the baby delivered by her. The court noted that there is nothing on record to show that the blood samples were tampered with.

Therefore, the court rejected appellant's defence that he was falsely implicated stating that there is no evidence to support this defence.

The court further remarked on the capabilities of modern DNA testing. "The DNA testing has an unparalleled ability both to exonerate the wrongly convicted and to identify the guilty. It has the potential to significantly improve both the criminal justice system and police investigative practices. Modern DNA testing can provide powerful new evidence unlike anything known before DNA technology as a part of forensic science and scientific discipline not provide any guidance to investigation but also supplies the Court accurate information about the tending features of identification of criminals", the court stated.

The court observed that the victim's evidence, corroborated by the medical and scientific evidence, indicates that she had been sexually assaulted by the appellant. The victim girl was merely 16 years old at the time of lodging of the report. Rape is often destructive to the personality of the victim and such allegations must be dealt with utmost sensitivity, the court said.

"Sexual activities with young girl of immature age have a traumatic effect on them which persists throughout their life and often destruct whole personality of the victim. The victim of a sexual assault is not an accomplish but she is a victim of lust of another person. Her evidence stands at a higher pedestal than that of an injured witness. The evidence of victim of rape case is required to receive same weight as it attached to evidence of an injured witness", the court reiterated.

Appellant's lawyer sought reduction in sentence contending that the victim did not complain and continued to stay with the appellant till lodging of the report. Further, the appellant continued to maintain her and brought her up when her real parents left her on the streets.

The court referred to Ravi Ashok Ghumare v. State of Maharashtra in which the Apex Court held that the object of determining sentence has to be 'society centric'. Further, it held that the sentencing policy needs to strike a balance between deterrent effect and complete reformation for integration of the offender in civil society.

The court noted that the victim took shelter at appellant's house as her father was not alive and her mother had a second marriage. Thus, the appellant betrayed her trust.

The court said that the victim carried the pregnancy at a tender age of 16 due to the act of a fatherly figure. Further, the appellant brought her to the hospital under the influence of liquor, and abandoned her there. Thus, the appellant's conduct shows that he left the victim in the hospital in labour pain and did not care about what happens to her thereafter, the court observed.

The court directed the Secretary, High Court Legal Service Sub Committee, Nagpur to take necessary steps for rehabilitation of the victim girl.

Case no. – Criminal Appeal No. 470 of 2019

Case Title – Harishchandra Sitaram Khanorkar v. State of Maharashtra

Citation: 2022 LiveLaw (Bom) 496