RAM SINGH Vs. STATE (GNCT) OF DELHI

JUDGEMENT

(1.) THERE can never be more graver and heinous crime than the father being charged of raping his own daughters. He not only delicts the law but it is a betrayal of trust. The father is the fortress and refuge of his daughter in whom the daughter trusts. Charged of raping his own daughters under his refuge and fortress is worse than the gamekeeper becoming a poacher and treasury guard becoming a robber. [ : AIR 2006 SC 381 State of Himachal Pradesh vs. Asha Ram]. The Appellant before this Court, though got married twice, both his wives left him. To satisfy his lust, first, he sexually exploited his daughter 'X' aged about 15 years and thereafter set his eyes on his second daughter 'Y' who was just 11 years old at that time (assumed names X and Y have been given by the learned Trial Judge). When all attempts of 'X' to protect her younger siblings from her father failed, the matter was reported to the Police and presently the Complainant and her three younger sisters are under care and protection of Ms. Rachna Kapoor (PW -3) in whose school the Complainant is employed for taking care of young children.

(2.) BRIEFLY stated, the case of the prosecution is as under:

(3.) ABOUT 1 year prior to lodging the FIR, her father committed rape on her thrice. He used to beat and threaten her saying that she should not disclose the incidents (rape) to anyone else. On 20.09.2007 at about 7 a.m., her father tried to commit rape on' her younger sister 'Y' (aged about 11 years). She put strong resistance to such attempts of her father on her younger sister and after managing to take her back, 'Y' was sent to school. Thereafter she went to report for her work at school where she was employed for taking care of young children. At 7:30 p.m. when she returned home, she was informed by 'Y' that during day time at about 3 p.m., the Appellant had committed rape on 'Y' also and had given beatings to her asking her not to disclose about the incident to anyone or he would kill all of them. On seeing that 'B' (aged 6 years) had also suffered injuries on' her head on being beaten by her father, she informed about the incident to her employer Ms. Rachna Kapoor (PW -3), who brought all the sisters to the Police Station for registration of FIR against the Appellant..