STATE OF H P Vs. KAMAL SINGH

JUDGEMENT

(1.) This appeal by the State is directed against the judgment dated 5.7.2003 passed by the learned Additional Sessions Judge-I, Kangra at Dharamshala, H.P. whereby he acquitted the accused of having committed an offence punishable under Section 376 IPC.

(2.) At the outset, we may notice that this is a shocking case where the daughter has alleged that she was raped by her father. Whichever way we may decide the case, one thing is clear that morals in our society have fallen to such great depth that society must indeed make sincere efforts to remove the ills which plague our society failing which there will be no sanctity attached to even the most sacred relations especially that between a father and his daughter. In case, we dismiss the appeal it means that the daughter has levelled false allegations against her father which would be shocking but if we were to allow the appeal it would mean that the father has raped his married daughter which would be even more shocking.

(3.) The prosecutrix is a married lady. She has two children who at the relevant time were aged 3 years and 9 months respectively. Her brother who was aged about 11 years was also residing with her since it is stated that the father accused Kamal Singh was not looking after the son.