Forensic report negative, man gets 15-yr jail for raping minor daughter

A 29-year-old employee of a canteen at the Post Graduate Institute of Medical Education and Research (PGIMER) was on Monday awarded 15 year imprisonment for raping his seven-year-old daughter.

The order came even as his wife — the complainant — turned hostile in court and the forensic report came negative. HT had exclusively reported on March 21 about the DNA report ruling out rape.

The victim’s statement before the judge, wherein she elaborated that her father indulged in oral penetration, formed the basis of conviction. The court observed that the man was convicted on the basis of entire evidence, including the mother’s cross examination.

A resident of Sector 25 and father of two, the convict was also a ‘dholi’ (drummer). He was held guilty under Sections 376 (rape) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences (POCSO) Actbut the sentence was awarded under the latter provisions.

The court of additional district and sessions judge Poonam R Joshi also imposed a fine of ₹1.5 lakh on the convict, of which Rs 1 lakh will go to the victim. This is the second case in less than a week wherein a man has been convicted of raping his daughter.

‘Deserves no leniency’

The judgment reads: “The father, who is protector of the family, has molested his own minor daughter which is not only a grievous offence but is shameful for the family.”

It says the father destroyed the future of the young girl, which would have long-term effects including damage to the victim’s emotional reactions and self perception.

“She might suffer from relationship problems including sexuality and social functioning,” observed the court, adding that it would be detrimental to the society at large and the offence didn’t deserve any leniency.

The case was registered on the complaint of the victim’s mother after she took her daughter for a checkup at the PGIMER on November 17, 2017, on complaining of stomach ache. The victim told her that the father used to sexually abuse her after getting drunk.

During the trial, the mother, who also worked as a cook in a private canteen, turned hostile and said her husband could never act like that. She broke down as court pronounced the order. Talking to HT, she said: “Cops forced me to sign the complaint letter. I never filed it.”

However, the victim stuck to her stance in court and claimed she was threatened by her father not to disclose the crime to anyone.