PAPPU Vs. STATE

JUDGEMENT

(1.) The appellant Pappu was charged with having forcible sexual intercourse, for over a month, with his minor daughter aged 13 years; and not to disclose her identity I would be referring to the victim by a pseudo name : Ujjala, because her identity has not to be disclosed and I do not intend to reduce the helpless victim to a letter.

(2.) Notwithstanding the star witnesses, including Ujjala, turning hostile and which in the Indian environment is to be expected because a helpless family would reconcile with the circumstance of dependence and a minor daughter, barely into her teens, would succumb to family pressure; which in turn would be influenced by societal pressures, conviction has been returned on the basis of FSL report Ex.PW -10/A and Ex.PW -10/B.

(3.) It all started when DD No.27A, Ex.PW -11/A was recorded at P.S.Shahbad Dairy at 6.40 P.M. to the effect that a 13 years old girl had confided to her maternal grand -mother that her father had raped her, which information was conveyed by the police control room to the duty officer at the police station and investigation was entrusted to SI Satya Narayan PW - 11, who took along with him Ct.Leelu Ram PW -8 and proceeded to the spot, but as deposed to by him met Leela Devi along with her grand - daughter Ujjala and therefore he recorded Ujjala's statement Ex.PW -6/A at the gate of the police station itself in which she disclosed that for the first time on September 27, 2011, in the absence of her mother, her father, and we use the expression in vernacular used by the young girl : ched chad ki, and stripped her naked and thereafter did 'galat kaam with her'. Thereafter at regular interval her father repeated the act of 'galat kaam'. Last time her father committed 'galat kaam' with her on October 18, 2011. On October 19, 2011 when her maternal grand -mother came to her house she conveyed said fact to her maternal grand -mother who in turn informed the police on October 20, 2011.