Man acquitted of charge of raping daughter; “The Human Rescue Team” expresses knowledge based opposition on court decision

Man acquitted of charge of raping daughter

(http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/man-acquitted-of-charge-of-raping-daughter/article4086928.ece)

A Sessions court here has acquitted a retired Army staffer, accused of raping his minor daughter, after coming to the conclusion that she had an “animus” against her father and that was reason enough to falsely implicate him in a case…( Check the report in detail, which is following our analysis or go to the link)

DID YOU BELIEVE THIS ‘WISDOM’ BY honorable COURT ?

‘The Human Rescue Team’ expresses apprehension on court wisdom , how did it conclude that girl bore an animus against father and that led her to implicate him in rape charge ? Ok, let us even believe that girl was knowing some neighbor guys and befriended one of them , then how did this fact help court to conclude this unusual charge was influenced by this only? Even if girl’s mother and brother didn’t support charge by girl , did it mean that girl child was implicating a false charge ? How did honorable court has gone so much confident on its analysis that even not left a place for suspicion (of course, the accused could have been benefited as prosecution couldn’t present enough evidence in support of charge, but in that situation court wasn’t to be blamed of dishonoring girl child!) ; did court notice that allegations were made by a 15 year old child ? (And that was of chronic sexual abuse, forced to watch porn CDs and beating !); that girl could have been deserted and not favored at all by family members as she labelled a charge on guardian of the home? That child girl couldn’t have been understanding a bit of law and didn’t go helped by prosecution honestly ? We are to make here a humble opposition to court’s analysis on the case as it came to dishonor a child who should be regarded innocent by nature only ! We appeal to the honorable court that rather than regarding criticism by us as contempt of the court , it should notice the age of innocence and aloofness of the girl child in the case and should make sure with the help of psychology and other experts that the mere analysis has not gone wrong! Otherwise it would be an injustice on child girl , who could have been innocent enough by nature . The child girl is now left is a condition where she could be helpless and is prone for suicide. We also appeal to the higher courts and National Commission for Protection of Child Rights to review the case in purview of the law

Disclaimer: The analysis is based on media report and is a subject knowledge based interpretation only, in no way its intended to make a contempt of the honorable court.

TODAY’S PAPER » NATIONAL » NEW DELHI

NEW DELHI, November 11, 2012

Man acquitted of charge of raping daughter

STAFF REPORTER

A Sessions court here has acquitted a retired Army staffer, accused of raping his minor daughter, after coming to the conclusion that she had an “animus” against her father and that was reason enough to falsely implicate him in a case.

In September 2009, the then 15-year-old girl complained to Sultanpuri Police that her father had been inflicting sexual, physical and mental harassment and rape on her for three years and that she had complained to her mother and other relatives about his behaviour.

Her mother, who was listed as a prosecution witness initially, did not support the prosecution case, and said that the accused man was a good father while the girl was quarrelsome and disobedient. The mother claimed that her daughter was under the influence of a young man in the neighbourhood. She also added that the girl had never complained to her about the father. The defence contention that the girl saw her father as a “hindrance” to her freedom and thereby falsely implicated him won favour with the court.

Additional Sessions Judge Mahesh Chander Gupta also noted contradictions and improvements in the girl’s statements before the police, then before a magistrate under Section 164 of the Criminal Procedure Code, and later during her testimony before the court during trial.

While Sessions courts can convict accused persons solely on the basis of testimony of the rape victim, in this case the court said: “But in the instant case there are compelling reasons for seeking corroboration of the testimony of PW1 (girl). Prosecutrix has come forward with a version totally conflicting with what she stated in her complaint and in her statement under Section 164 Cr.P.C, especially when she was the victim of the alleged onslaught on her by none else than her father that too against her wish. There are material contradictions and substantial improvements which go to the root of the matter leave alone lack of corroboration in the evidence of the prosecutrix.”

Inexplicably, despite the girl’s allegation that she had told of her father’s allegations to a neighbour, maternal grandmother, aunt and cousin regarding alleged teasing, being forced to watch porn CDs and beatings, the prosecution did not produce or examine any of these witnesses.

The court also noted the statement of the girl’s younger brother who did not support her case. He said the father only beat the girl when she did not go to school or disobeyed him. “In such circumstances, it will be highly dangerous to rely on such version of the prosecutrix in order to support the case of the prosecution, as the version of the prosecutrix on the core spectrum of the crime failed to remain intact. Her testimony is found to blemished, unconvincing, untrustworthy (sic) and does not inspire confidence. She had an animus against the accused to falsely implicate him in this case,” Mr. Gupta said.

The defence pounced on her flip-flop in first claiming not to know some boys in the neighbourhood but later admitting to knowing them. Through her cross-examination and the mother’s testimony, the defence showed that three boys in the neighbourhood harboured a grudge against the accused who thought that he had complained against them in another matter to the police. The defence alleged that these three boys used the girl as a “pawn” to implicate her father.

“Girl bore an ‘animus’ against him and thus falsely implicated him”

http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/man-acquitted-of-charge-of-raping-daughter/article4086928.ece

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