New Delhi: A man has been sentenced to life imprisonment for gang-raping his nine-year-old daughter, by a Delhi court which refused to take a lenient view observing that he gave his daughter such a betrayal of faith of relationship that would really be difficult for her to forget.
The court also awarded 12 years rigorous jail term to Akash, a 20-year-old accomplice of victim's father, observing that "the accused despite being the father of the victim has not only sexually assaulted her but also allowed another boy to sexually abuse his daughter".
"Children are entitled to expect the best from their parents, in terms of care and parental love, that they can possibly receive. But the convict gave her daughter such a betrayal of faith of relationship that would really be difficult for her to forget," Additional Sessions Judge Gautam Manan said.
The court said that the nature of offence committed by the convicts does not demand any leniency while holding them guilty under Section 376(2)(g)(gang-rape) of IPC.
The court also imposed fine of Rs 5,000 each on them and directed the District Legal Service Authority (North) to give the victim Rs one lakh as restorative and compensatory justice to her.
"The concept of welfare and well-being of children is basic for any civilised society and this has a direct bearing on the state of health and well-being of the entire community, its growth and development," the court said while awarding the compensation for the victim's rehabilitation.
While holding the duo guilty, the court relied on the testimony of the victim and her medical report which proved she was raped.
"In the present case, the victim has been consistent on the material particulars with regard to the incident of sexual assault on her," it said.
A complaint was lodged by the victim's mother against her husband and the youth in May 2012 alleging that they raped her daughter after intoxicating her.The court relied on the deposition of the victim and her aunt as her mother had died during pendency of the proceedings.
"Although the complainant (victim's mother) unfortunately died and she could not depose in respect of the acts of the accused, aunt of the victim testified to the effect that complainant disclosed to her that father of victim committed wrong act with her," the court said.
It, however, acquitted Akash, the other convict, of charges under Section 328 (causing hurt by poisoning) of IPC due to lack of evidence.
"The testimony of the victim is found to be trustworthy and reliable in respect of the incident of sexual assault on her by the accused persons. The allegations also found corroboration from the deposition of other material witnesses and the medical evidence," the judge said.
According to the prosecution, mother of the victim lodged a complaint against her husband and Akash that on May 17, 2012 they intoxicated the girl with 'Bhaang' and took her to a park where they gang-raped her.
The girl came home crying and narrated to her the incident, after which an FIR was registered and the duo were arrested.
They had pleaded innocent and contended they were falsely implicated by the victim's mother, but the court rejected their claims.