LI Network
Published on: November 18, 2023 at 11:30 IST
The Patna High Court upheld the conviction of a accused of raping his minor daughter, while dismissing the appeal filed by the appellant.
The court emphasized that the prosecution’s case should not be entirely discarded based on a perfunctory investigation when there exists clear and cogent evidence presented by the victim herself.
The Division Bench, consisting of Justice Ashutosh Kumar and Justice Alok Kumar Pandey, highlighted that despite flaws in the investigation, the substantial evidence provided by the victim should not be undermined.
The court stated, “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.”
The case involved allegations by the victim, who accused her father of molestation and rape. The victim, escaping from the alleged assault, reported the incident to the police.
The younger brother of the victim testified to witnessing the appellant attempting to disrobe and assault the victim.
The case resulted in charges under Section 376 of the IPC and Section 6 of the Protection of Children from Sexual Offences Act, 2012. The Trial Court, after examining seven witnesses, including the victim, the Investigating Officer, and the Doctor, convicted and sentenced the appellant.
The High Court, after considering the submissions, acknowledged the victim’s consistent statement during the trial and the absence of any prevarication.
The court noted the victim’s reluctance to report her father’s actions until the incident after her mother’s death, which prompted her to seek help and report the matter to the police.
Addressing attempts to discredit the victim and her late mother, the Bench upheld the credibility of the victim’s brother and rejected insinuations about the grandmother’s motives.
The court emphasized that the absence of physical injuries or evidence of regular sexual intercourse does not exonerate the appellant, as the victim managed to escape before substantial harm occurred.
In conclusion, the Patna High Court upheld the Trial Court’s verdict, affirming the conviction and sentencing of the appellant.
Case Title: Sanjeev Kumar v. State of Bihar
Also Read: An overview of Rape Laws in India – Law Insider India