New Delhi: A man has been jailed for eight years by a Delhi court for repeatedly raping his 17-year-old daughter and threatening her not to disclose the incident to anyone. Additional Sessions Judge TR Naval sentenced Northeast Delhi resident, saying the convict, who was supposed to protect his daughter, had repeatedly committed the crime when her mother, who later on died, was admitted in a hospital.
"Keeping in view the submissions and all relevant factors and circumstances in which the accused committed crime, it would be just and appropriate if deterrent view in sentence is taken as the father, who is supposed to protect his daughter, has committed sexual assault on her repeatedly particularly when the mother of the victim was seriously ill and lying in a hospital. Accordingly, the convict is sentenced to undergo rigorous imprisonment for eight years for the offence under section 376 (rape) of the IPC," the court said.
It imposed a fine of Rs 7,000 on the convict and said, if realised, Rs 5,000 be given to the girl as compensation. "Besides this compensation, she will also be entitled to get other compensation, if available to her under other laws," the court said.
According to prosecution, the incident took place when the girl's mother, who was suffering from TB, was admitted to a hospital and the victim after taking care of her mother, used to return home at night in June 2011. The girl had told the court that on the night of June 17, 2011, her father raped her and thereafter threatened to kill her if she disclosed about it to anyone. She had also said that the accused, father of three kids, used to rape her every night for almost a month and after the death of her mother, she disclosed the incident to her aunt.
When the accused came to know that the girl had disclosed the matter to their relatives, he fled, the police said, adding the victim's aunt on August 8, 2011 called the accused to her house on the pretext of meeting him and he was then arrested by Gokulpuri police. While deciding the case, the court also said that the victim's statement was "reliable, consistent and trustworthy".
The judge rejected the plea of the 38-year-old accused that he was falsely implicated by his daughter at the instance of his sister-in-law as there was a delay in lodging FIR. "The girl was not having protection of any other person during the period of commission of crime.In such circumstance, it is not expected from a daughter to revolt against her father and immediately rush to police to lodge the report against her father.
"It is natural that in case of sexual abuse of daughter by father, the girl, a victim of the offence would like to consult her near relatives and particularly her mother's sister in the present case. If statement given by the girl with that angle is considered then it seems to be convincing," the court said, adding that in this case, the delay was not fatal to the prosecution's case.
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