GHANSHYAM Vs. STATE OF UTTRAKHAND

JUDGEMENT

(1.) THIS is the jail appeal preferred by convict Ghanshyam against the judgment and order dated 09.09.2013 rendered by learned Additional Sessions Judge, Nainital in S.T. No.107 of 2013. Appellant was found guilty for the offences of Section 376 and 506 IPC. He has appropriately been sentenced by the Trial Judge.

(2.) HAVING heard the arguments put forth by learned Amicus Curiae on behalf of convict as well as by the learned State counsel, the facts of the case are alarming. Victims Km. Sarita, aged 16 years and Km. Sita, aged 14 years, are none other but the real daughters of the culprit. Appellant Ghanshyam migrated from Nepal almost nine years ago, from the date when the matter was reported to the Police Station, along with his family having his wife Smt. Saraswati Devi (PW1) as well as four daughters and one son. All his daughters, one by one, became the prey of insatiable sexual lust of the accused, who was running more than in his late fifties. One eldest daughter, after being subjected to the sexual lust of the accused, was got married and now, in the instant case, Ms. Sarita (PW2) and Ms. Sita (PW3), are the victims of rape committed on them by their own father. Whenever it was resisted by PW1, the accused terrorized her by putting either axe or the sickle on her throat with a threat to kill her. Since, PW1 was quite an illiterate and rustic woman, being unaware about the protection of law available to her and her daughters, so, feeling helpless, she permitted herself to be the subject of atrocious and abhorrable conduct on the part of her husband, and was well aware about the sexual act of the appellant with her own daughters PW2 and PW3.

(3.) THUS , the appellant continued to make PW2 and PW3 as prey of his sexual lust several times in the night and day by creating every favourable circumstance to accomplish his disgusting hatred act.