RUNCHE DAMAI Vs. STATE

JUDGEMENT

(1.) Who is a father? A father is an essential component of the family, which, in turn, has been acknowledged as one of the most important units of society, in relation to the wellbeing and especially the nurturing and protection of children. We should never lose sight of the fact that a father derives his position and power from cultural prescriptions of manhood. Being a man and a father meant being able to exercise self-restraint. This entailed, among other things, not resorting to violence especially against women. Abusing women is regarded as a cowardly act and men who engaged in such practices should be excluded socially.

(2.) 'X' was residing along with her parents, brothers and sisters at A-2/57 Dharampura Extension, Nazafgarh, New Delhi. Her mother PW5-Maya Devi was working as a house maid while her father, i.e., the accused used to work at some meat shop. On 5th October, 2010, 'X' was alone at home with her father when he committed the appalling act of rape upon his own daughter. When Maya returned home, she found 'X' sweating and crying. She was informed by 'X' about the commission of rape upon her. Accused was not at home at that time, as such, Maya informed wife of the landlord. On 7th October, 2010, when the accused returned home, PW4-Smt. Anuradha Sharma, President of Residents Welfare Association was called and informed about the heinous act committed by the accused. Accordingly, she informed the police at 100 number on which police machinery swung into action. PW8-Constable Kuldeep along with SI Surender Huda went to House No.57, A2 block, Dharampura Extn. where statement of Maya Ex.PW5/A was recorded on the basis of which FIR Ex.PW7/A u/s 376 IPC was registered. 'X' was taken to DDU Hospital along with her mother by PW2-WCT Rajbala for her medical examination. MLC of 'X', Ex.PW1/A was prepared by PW1-Dr. Dipali and she referred the patient to the department of Gynae for further examination. Further medical examination of 'X' was conducted by PW15-Dr.Varuni who gave her report Ex.PW15/A. Accused was arrested. He was also taken for his medical examination and was examined by PW3-Dr. Alok Kumar. He prepared his MLC Ex.PW3/A and opined that there was nothing to suggest that accused cannot perform sexual act. During the course of investigation, the exhibits were sent to FSL.

(3.) After completing investigation, charge sheet was submitted against the accused. On charge u/s 376 IPC being framed against the accused he abjured his guilt and claimed trial.