VEER KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) In the golden words of Sigmund Freud, "I cannot think of any need in childhood as strong as the need for a father's protection'. These words of Sigmund Freud clearly demonstrate that father is one of the pillars in the development of a child's emotional well-being. Children look to their fathers to lay down the socio-moral rules and enforce them. They also look to their fathers to provide a feeling of security, both physical and emotional. But in the present case all these parameters of a fatherhood have been maligned by a father when he committed shameful and abominable act of rape upon his own daughter and defiled her body for a small fling of lust.

(2.) 'X' who was 15 years of age at the time of incident filed a complaint before the police stating inter alia therein that she was studying in 8th Class. Her father, the appellant herein had sexually assaulted her in the night, when her mother had gone somewhere else to attend a marriage. She had also informed her mother and aunt about this incident. About two months ago, her father Veer Kumar had committed rape on her. This incident happened in the day time when her mother had gone to the bank where she is working as Sweeper. She did not tell this incident to her mother. During these two months, her father had committed bad act with her. She had told the entire facts to her school teacher-Sumita Khurana. Now, on 29/7/2015 in the day time, her father Veer Kumar has committed wrong act with her in their house. Regarding this incident she had told her school teachers Sumita Khurana and Reeta Sharma. On the basis of the said complaint EX.P1, formal FIR was registered.

(3.) The matter was investigated by W/ASI Kailash Kaur, site plan was prepared, statements of witnesses under Sec. 161 of the Criminal Procedure Code, 1973 (for short 'the Cr.P.C.') were recorded, statement of prosecutrix under Sec. 164 of the Cr.P.C. was recorded, the prosecutrix and the accused were medico-legally examined, the accused was arrested and after completion of investigation, accused was challaned to face trial. On finding a case, punishable under Sec. 6 of of the Protection of Children from Sexual Offences Act, 2012 (for short 'the POCSO Act'), the trial court charge-sheeted the accused to which the accused pleaded not guilty and claimed for a trial.