BEERU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) One can visibly see the growth of the country in all spheres keeping a pace with the modernization, advancement, science and technology but unfortunately the only front which is on the decline is the moral values. In the recent past, the country has witnessed too many horrifying and heart rendering incidents of rapes and many of such cases were so brutal and barbaric, that they jolted the society to ponder whether such beastly acts can be committed by a human being on the other. Amongst such horrifying incidents, sexual assaults involving minor children are the worst and amongst the worst, the cases involving sexual assault of minor children by none other than their own family members, relatives and friends. An astonishing increase has been seen in the number of cases where children are sexually assaulted by none other than their own family members, relatives and friends on whom they once relied, as their protectors to be protected from the evils of outside world. Such kind of sexual assaults at the hands of family members, relatives and friends is abhorrent as it not only harms the innocent child but it completely destroys and ruptures an innocent soul that has yet not attained enough consciousness even to understand the nature of the act committed upon her. Such cases show as to what extent a person can stoop down just to satisfy his lust for sex. In a society where the custodian of the trust betrays the same and the protector of the dignity and honor becomes the violator, it would not be wrong to say that no one can easily be trusted. Such offences pollute the sanctity of relationship which were said to be made in heaven. A momentary pleasure out of lust for sex leaves an indelible scar not only physically but also emotionally on the victim. 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.

(2.) The case in hand is a sad reflection of the present day society where a most faithful relationship has been spoiled by the debauch and the degrading act of a family member. The horrid incident unfolded by the prosecution in the charge sheet is as follows:

(3.) To bring home the charges, the prosecution in all examined 14 witnesses. After recording the evidence of the prosecution, the statement of the accused was recorded under Section 313 of Cr. P.C. and in his statement, he pleaded innocence and false implication by the prosecutrix at the instance of Ms. Lali, her aunt (mausi). Vide judgment dated 20.05.2010, the appellant has been convicted for committing an offence under Sections 376/506 of Indian Penal Code and vide order dated 3rd June, 2010 he has been sentenced to undergo rigorous imprisonment for life together with fine of Rs. 10,000/- and in default of payment of fine to further undergo simple imprisonment for a period of 3 months. The appellant has also been sentenced to undergo imprisonment for a period of two years and a fine of Rs. 5,000/- under Section 506 IPC. The said judgment and order are under challenge in the present appeal.