RAMHER Vs. STATE (GOVT. OF NCT) OF DELHI

JUDGEMENT

(1.) By this appeal filed under Section 374 of the Code of Criminal Procedure 1973 (hereinafter referred to as Cr.P.C), the appellant herein seeks to challenge the impugned judgment and order on sentence dated 19.12.2009 and 18.01.2010, passed by the Court of Ld. Additional Sessions Judge-01, West, Delhi, thereby convicting the appellant for committing an offence under Section 376 IPC and sentencing him to undergo rigorous imprisonment for life together with fine in the sum of Rs. 50,000/- and in default of payment of fine, to further undergo rigorous imprisonment for a period of one year.

(2.) In ancient times an individual's acts were driven by self-righteousness based on morals and values he imbibed. Treading on the path of precedents these morals and values took the form of laws. Sadly over the years these very morals started deteriorating and need arose for more and more stringent laws in order to maintain law and order and to govern the human behaviour. Shockingly in recent years the crime growth of rape cases has increased to an alarming proportion giving an impression that there is no deterrence, despite rape laws have been made stringent through the recent amendment Act, 2013. Every act of rape and sexual assault on a woman deserves severe condemnation and award of requisite punishment in accordance with law but even out of such cases the most barbaric act and unsavoury is rape of a minor child which leaves one trembling. An act as that of rape of a minor child by her own father further shakes the very existence of a social fabric. The purity that a father-daughter relation carries, when shattered in such a manner, obliterates the sanctity and belief in any existing relation. A daughter looks to her father to protect her from outside evils and when the very same protector rips her apart, the trauma one suffers as a consequence of such an act cannot even be described in simple terms. What a plight of a child who does not even know the seriousness of the offence committed upon her. The trauma attached to it destroys and shatters not only the normal growth of a child but her whole existence comes tumbling down. The beastly act of ravishing a child for exerting his position of a male dominance and violating her physical and mental well-being, is attitude of a savage tribe and not of a civilized society. To fathom the aftermath of the sentience of the happening of such tormenting act on the person is to add yet another monumental blow to her dignity. Taking note of such an extremely odious and debased offence, the Legislature recently by way of Criminal Law Amendment Act, 2013, incorporated a new clause under Section 376(2) IPC as clause (f) to cover cases where rape is committed in a fiduciary relationship. The sole object of this provision is to visit with a more severe penalty to the persons in near relation and position of trust and authority who more often than not commit sexual assault on the members of the family or unsuspecting and trusting young persons.

(3.) The case in hand unfolds the misery of yet another girl who became prey of the diabolic act of her father. The story unfolded by the prosecution in the chargesheet is set out as under:-