JAVED Vs. STATE

JUDGEMENT

(1.) The complainant, in this case, is mother of the child victim and wife of the appellant. Her miseries seem to be never ending as despite being married twice, she could not lead a peaceful matrimonial life and now is burdened with the responsibility to maintain not only herself but also four children i.e. two children from her first marriage and two children from her second marriage with appellant, the eldest one is the traumatized girl just 8 years old who has been sexually assaulted by her second husband i.e. step-father of the child victim.

(2.) It was not the first instance that the complainant knew about the ill-intentions of the appellant qua his step-daughter i.e. the child victim 'S' (name of the child victim withheld to conceal her identity) as earlier also he molested 'S'. Perhaps due to fear of losing the company of second husband and shelter in his house and also sceptical about her future and that of four children as to where she would go if her second husband is convicted, instead of nipping the evil in the bud, she preferred not to prosecute her second husband in case FIR No.226/2005 under Section 354 IPC, PS Gandhi Nagar, resulting in his acquittal in that case.

(3.) The appellant despite getting an opportunity to mend his ways, seeing that his wife and step-daughter did not stand against him as prosecution witnesses in case FIR No.226/2005 under Section 354 IPC (wherein allegations against him were outraging the modesty of the child victim 'S'), got encouraged that the mother and daughter were so helpless and dependent upon him that they would not dare raise their heads whatever he may do with 'S'.