LOKESH MISHRA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) THE present appeal has been preferred by the Appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C), challenging the impugned judgment and order on sentence dated 15.04.2010 and 29.04.2010 respectively passed by the Learned Trial Court, thereby convicting the appellant for committing the offence of rape under Section 376 of Indian Penal Code and sentencing him to undergo Life Imprisonment and also to pay fine of Rs. 5,000/ - in default thereof to undergo simple imprisonment for a period of six months u/s. 376 Indian Penal Code, 1860 (hereinafter referred to as IPC) and also sentenced him to undergo rigorous imprisonment for a period of two years for offence punishable under Section 506(1) IPC. Both the sentences are to run concurrently.

(2.) IT is appalling to see that rape rears its ugly facade almost every day. 'Rape ' is one such dark reality in the Indian Society that devastates a women 's soul, shatters her self -respect and for a few, purges their hope to live. It shakes the insight of a woman who once was a 'happy person ', and had no clue of being a victim of the said horrifying and nightmarish encounters where the daughter had been raped by none else but her own progenitor. A daughter always looks up to her father as a shield of her dignity and honour which is an intrinsic facet of a family especially of father -daughter relationship. It shocks human conscience when the sanctity of father and daughter relationship is ravaged in such a sordid manner and the protector becomes the violator. In such a case the offence assumes a greater degree of vulnerability which shall not go unpunished. There can never be a graver heinous crime than the father being charged of raping his daughter. It is the gravest sin, where the most platonic relationship is shattered by an extreme pervert and shameful act of nonetheless but one 's own father. The moral values of individuals of the society have gone down to such a level that every day we hear similar news which shudders our mind and soul. We have become accustomed to saying that females are not safe outside the house but in few cases, it is seen that they are not even safe inside their homes, where the epitomy of God 's beautiful creation, a child is ravished by her own father for his momentary sexual needs and pleasure which is heart -rending and odious.

(3.) THESE recommendations were reiterated in the recent judgment of this court in the case of Ramher vs. State, Criminal Appeal No.846/2010, the relevant paragraph is as follows: While committing an act as unsavoury as that of rape of his own minor child one not only forgets that it will destroy not only the life of the victim but his own life. The trauma attached as an aftermath of such acts not only victimises the immediate sufferer but also the offender. An act done in the moment of rage mutilates the whole family and every existing relation with the offender. The remorse that sets upon the offender subsequently cannot free the offender of the virulent act he committed. The question that perturbs us or rather desolates us by the recent alarming increase in number of rape cases how can an individual, even after the introduction of such stringent laws be ignorant of the consequences of his act. The moral obligation of repentance and self -condemnation seems to be diminishing in this era. It 's high time when men folk need to be gender sensitized from the very beginning from school to colleges to treat women not as sex objects but as an equal human being. The emboldening of the law should act as a deterrent to the prevalence of flouting the law with impunity. This can only be done through mass awareness and the media has a big role to play in this movement of great change in society. Thus for the better implementation of these laws we feel that a joint endeavour is required to be made on the part of the society at large to create an awareness of the legal ramifications of their vicious acts. The most potent tool to create awareness is to educate the public of the new law and create awareness about the rights of the victims and at the same time the severity of the punishment of the offence committed. In this regard, we also gave directions in the matter of Beeru vs. State Criminal Appeal No.1079/2010. While emphasizing and reiterating the same, we advise the appropriate Government Authorities, Non Governmental Organisations, Bar council of India, various State Bar Councils, Bar Assemblies, Delhi Legal Services Authority and law colleges and institutes to take effective steps in this direction to sensitize people and create awareness amongst them about the latest amendments and other laws dealing with the various sexual offences and the punishments provided for such offences.