'Clear & Cogent Evidence Of Victim': Patna HC Upholds Conviction Of Man Accused Of Raping His Minor Daughter
The Patna High Court dismissed the appeal filed by a man convicted for raping his minor daughter.
The court said that prosecution case cannot be completely discarded merely because the investigation was perfunctory when there is clear and cogent evidence of the victim herself.
The Division Bench comprising of Justice Ashutosh Kumar and Justice Alok Kumar Pandey observed that “there was no purpose of his seizing the clothes of the appellant, when it was no sent for forensic examination ever. Perhaps, the Investigator did not consider any one of these to be important while investigating such a serious charge. But as is well settled, merely because an investigation is perfunctory, that is no ground to completely discard the prosecution case, especially in view of the clear and cogent evidence of the victim herself”.
Advocate Ajit Ranjan Kumar appeared for the Appellant, whereas APP Dilip Kumar Sinha appeared for the Respondent.
The brief facts of the case were that the victim alleged that her father (appellant) molested her and had also committed rape with her. She could get out of his stranglehold and came to the police station to report about the occurrence. The younger brother of the victim also claims to have seen the appellant making attempts to disrobe and rape the victim. It was also alleged that because of such beastly act of the appellant, the mother of the victim had committed suicide about few months ago. Accordingly, a case was registered under Section 376 of the IPC as well as Section 6 of the Protection of Children from Sexual Offences Act, 2012. The Trial Court, after having examined seven witnesses on behalf of the prosecution including the victim, the I.O. and the Doctor, convicted and sentenced the appellant.
After considering the submission, the Bench found that the victim though has made a very short statement at the trial but has not prevaricated at any point of time.
“After the death of her mother, perhaps on 04.07.2013 there was an attempt by the appellant to sexually assault her. She sought for help and came out to the room. That was the nemesis of the appellant. She never complained about her father before, except to her mother, who did not take any positive action against him”, added the Bench.
However, the Bench observed that the further attempt of the appellant was the last straw in the camel’s back when the victim decided to report the matter to the police, and taking help of her grandmother and cousin, reported the matter the police station.
Though an attempt was made by the defence to elicit some statement which would have put the victim and her late mother in bad light, the Bench explained that the credibility of the brother of the victim could not be shaken, as he neither appears to be precocious or non-compos when he deposed before the Trial Court.
The Bench also explained that merely because the grandmother visited the house of the appellant for keeping an eye on the safety of her granddaughter (victim), it cannot be inferred that she was interested in the property of the appellant.
“There is nothing on record from either side which would indicate that the appellant was seeing any other woman after the death of his wife. There is no reference of any extended family of the appellant in whom he would have been more interested than his own children”, added the Bench.
At the same time, simply because the doctor who had examined the victim did not find any mark of injury on any part of her body including private parts, and the pelvic examination of the victim also did not suggest any habitual / regular sexual intercourse, the Bench clarified that such evidence does this give a clean cheat to the appellant.
“Before any positive damage physically could have been done to the victim, she escaped from the clutches of the appellant and came to the police station. No spermatozoa or foreign body was found in the vaginal smear is also explainable”, added the Bench.
Accordingly, the High Court upheld the verdict rendered by the Trial Court in convicting and sentencing the appellant.
Cause Title: Sanjeev Kumar v. State of Bihar
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