NEW DELHI: Justice came to a person, convicted of raping his daughter, 10 months too late. The Delhi top court recently acquitted him of rape charges, but by means of then the man had died, taking the tag of a “rapist father” to his grave.
Slamming the trial court for its “misguided approach”, the HC lamented the “serious miscarriage of justice” while acquitting the man accused of rape by means of his minor daughter in January 1996. The man spent 10 years in prison and lived 22 years with the taint of having raped his daughter. He died in February this yr.
The HC famous that the accused “have been crying foul from day one” and had alleged that a boy had kidnapped and seduced his daughter, who was once discovered to be pregnant. But the investigating agency and the trial court ignored his claim.
The father had demanded a DNA test of the lady’s foetus which wasn’t performed.
“The investigation was once clearly one-sided. At this distance in time, this court can only deplore the state of being inactive of all involved. There are many facts and circumstances that have been glossed over by means of the trial court but which render the prosecutrix’s account wholly implausible and unreliable,” the court said.
Court picked simple solutions in convicting father of rape: HC
Additionally, this court is of the view that neither the investigating agency nor the trial court were honest to the appellant at any degree of the method, this also vitiated the results of the probe and the trial," the HC said in its judgment acquitting the man, who died in February. His spouse had endured with the appeal.
The HC said the prosecution and the trial court picked "simple solutions" and the need for a deeper probe, as demanded by means of the man right from the start, was once given a go-by.
"The defence proof, particularly the ones of shut family members was once discarded. It is sad to notice that the trial pass judgement on blindly approved the prosecution tale with out going into the aspects which render it highly implausible, just about impossible.
"The erroneous approach of the trial court has led to serious miscarriage of justice in the case unreasonably holding the biological father of raping his own daughter in the teeth of loaded circumstances showing her to be of wayward ways and possibly in liaison with an acquaintance," it said. It famous that the abduction FIR lodged by means of the father, after the then 16-year-old lady went lacking, was once closed with out probe after she lodged a grievance in 1996 that he have been raping her since 1991.
Referring to the facts narrated by means of the lady, HC pointed out "there was no inhibition" on the lady to record the matter and since, consistent with her, the rape started from 1991, not anything stopped her from speaking it to her mom, her siblings or others.
On the aspect of no DNA test being performed by means of the police, HC was once stunned that "the investigating agency and the prosecution appeared to have taken the stand that there was no need for it as from their perspective, it was an open and shut case, there being no reason why the daughter would accuse the father of such acts". According to the lady's grievance, her father, who was once an electrician within the Military Engineer Services, had first raped her in 1991 after they were living in Udhampur and her mom had gone to her brother-in-law's funeral.
Her model was once hostile by means of her father and mom as well as her elder brother and sister, who had claimed that she was once deficient in studies, was once of wayward nature with a number of proceedings being gained towards her.
Slamming the trial court for its “misguided approach”, the HC lamented the “serious miscarriage of justice” while acquitting the man accused of rape by means of his minor daughter in January 1996. The man spent 10 years in prison and lived 22 years with the taint of having raped his daughter. He died in February this yr.
The HC famous that the accused “have been crying foul from day one” and had alleged that a boy had kidnapped and seduced his daughter, who was once discovered to be pregnant. But the investigating agency and the trial court ignored his claim.
The father had demanded a DNA test of the lady’s foetus which wasn’t performed.
“The investigation was once clearly one-sided. At this distance in time, this court can only deplore the state of being inactive of all involved. There are many facts and circumstances that have been glossed over by means of the trial court but which render the prosecutrix’s account wholly implausible and unreliable,” the court said.
Court picked simple solutions in convicting father of rape: HC
Additionally, this court is of the view that neither the investigating agency nor the trial court were honest to the appellant at any degree of the method, this also vitiated the results of the probe and the trial," the HC said in its judgment acquitting the man, who died in February. His spouse had endured with the appeal.
The HC said the prosecution and the trial court picked "simple solutions" and the need for a deeper probe, as demanded by means of the man right from the start, was once given a go-by.
"The defence proof, particularly the ones of shut family members was once discarded. It is sad to notice that the trial pass judgement on blindly approved the prosecution tale with out going into the aspects which render it highly implausible, just about impossible.
"The erroneous approach of the trial court has led to serious miscarriage of justice in the case unreasonably holding the biological father of raping his own daughter in the teeth of loaded circumstances showing her to be of wayward ways and possibly in liaison with an acquaintance," it said. It famous that the abduction FIR lodged by means of the father, after the then 16-year-old lady went lacking, was once closed with out probe after she lodged a grievance in 1996 that he have been raping her since 1991.
Referring to the facts narrated by means of the lady, HC pointed out "there was no inhibition" on the lady to record the matter and since, consistent with her, the rape started from 1991, not anything stopped her from speaking it to her mom, her siblings or others.
On the aspect of no DNA test being performed by means of the police, HC was once stunned that "the investigating agency and the prosecution appeared to have taken the stand that there was no need for it as from their perspective, it was an open and shut case, there being no reason why the daughter would accuse the father of such acts". According to the lady's grievance, her father, who was once an electrician within the Military Engineer Services, had first raped her in 1991 after they were living in Udhampur and her mom had gone to her brother-in-law's funeral.
Her model was once hostile by means of her father and mom as well as her elder brother and sister, who had claimed that she was once deficient in studies, was once of wayward nature with a number of proceedings being gained towards her.
After death, father cleared of rape taint
![After death, father cleared of rape taint]()
Reviewed by Kailash
on
January 01, 2019
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