Karnataka HC Upholds Life Sentence Imposed On Father For Sexually Assaulting 7yr Old Daughter [Read Judgment]

Observing that "Now a day's such incidents are happening if they are not snubbed at the beginning it will become big problem in the society in future. Courts cannot ignore such aspects while passing the orders," the Karnataka High Court, upheld the conviction and life term sentence imposed on a father, for sexually assaulting his seven-year-old daughter, in 2014.

A division bench of Justice B A Patil and Justice S G Pandit in their order passed on August 3, dismissed the appeal filed by one Venkatesh a resident of Tumakuru district. Turning down his argument that there were contradictions and omissions in the testimony of the minor victim court said "When father has sexually assaulted the victim daughter it cannot be looked very lightly. Court has to deal such persons with iron hand, no doubt some minor contradictions may happen when a minor victim aged about seven years deposes before the court. But when we peruse the evidence of PWs 1, 2 and 3 they repose the confidence of this court that accused has committed the said serious act on the PW 2."

As per the prosecution case, the father had on March 2, 2014 taken the daughter to her grandfather's house, on the pretext that there was non-vegetarian food cooked. There he sexually assaulted her. On March 4, 2014, when the victim went to school, on inquiry she narrated the alleged incident to her teacher, who filed a police complaint. During the trial, prosecution examined eight witnesses, including the victim child, while the accused father denied the charges leveled against him.

In appeal before the high court, accused argued that victim child (daughter) is not a trustworthy and reliable witness. She being child witness has deposed as per the say of the mother and is tutored witness. It was also argued that medical evidence does not show any external injuries, over private parts of the victim child. Without considering the said material placed on record, the court below has come to a wrong conclusion and wrongly convicted the accused. The court below ought to have given benefit of doubt and acquitted the accused.

The prosecution though opposed the appeal by arguing that "PW 1 and PW 2 have categorically deposed about the act of the accused who is none other than the father of the victim. The trial court after considering the evidence on record has rightly come to a right conclusion and convicted the accused.

The bench after going though the evidence on record said "Looking from any angle the appellant has not made out any grounds so as to interfere with the judgment of the trial court. The same deserved to be confirmed." It added "The appeal is devoid of merits is liable to be dismissed, accordingly the same is dismissed."

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