KAMAL Vs. STATE OF KERALA

JUDGEMENT

(1.) There can never be more graver and heinous crime than the father committing rape on his own daughter. The protector then becomes the predator. The father is the fortress and refuge of his daughter. Charged of raping his own daughter under his refuge and fortress is worst than the gamekeeper becoming a poacher and treasury guard becoming a robber (State of Himachal Pradesh v. Asha Ram : AIR 2006 SC 381).

(2.) The prosecution case is that the accused, the father of the victim girl, repeatedly committed sexual assault and rape on her, on many days during the period from 01.06.2017 to 22.09.2017.

(3.) The victim girl was aged 11 years, when she became a prey to her father. She was studying in the fourth standard at that time. PW5 was her class teacher. She saw the child being very gloomy in the class. She reported the matter to PW4, the Headmistress of the school. On 21.09.2017, PW4 informed the matter to the Childline. On 22.09.2017, PW3, who was a member of the Childline, reached the school and talked to the victim girl. Then the girl revealed the acts of sexual assault committed on her by her father.