H.K.SEMA, P.P.NAOLEKAR
State Of H. P. – Appellant
Versus
Asha Ram – Respondent
What is the evidentiary value of a prosecutrix's testimony in a rape case? What are the grounds for enhancing a sentence in a rape case, particularly when committed by a father against his daughter? How should courts deal with cases of sexual assault on minor girls?
Key Points: - Conviction for the offense of rape can be founded on the testimony of the prosecutrix alone unless there are compelling reasons for seeking corroboration (!) . - The High Court dealt casually with the grave offense of rape, overlooking the alarming increase of sexual assault on minor girls and the growing menace of sex violence against minors by fathers (!) [1000272740004]. - The evidence of a prosecutrix is considered more reliable than that of an injured witness (!) [1000272740004]. - Minor contradictions or insignificant discrepancies in the statement of the prosecutrix should not be a ground for rejecting an otherwise reliable prosecution case (!) [1000272740004]. - The testimony of the prosecutrix, aged between 12½ to 15 years, was well corroborated by her sister and mother (!) [1000272740006]. - The non-rupture of the hymen or absence of injury on the victim's private parts would not belie her testimony (!) . - The gravity of the crime of rape, especially when committed by a father against his daughter, is considered graver and a "rarest of rare" case, warranting a strong deterrent judicial hand [1000272740020]. - The sentence for rape committed by a father on his daughter was enhanced from 5 years rigorous imprisonment to life imprisonment, and the fine was increased from Rs. 1,000/- to Rs. 25,000/- [1000272740022]. - The High Court was not justified in reversing the conviction and acquitting the respondent, committing a grave miscarriage of justice [1000272740019]. - The court expressed displeasure and dismay at the High Court's casual handling of the grave offense and its insensitivity to the menace of sex violence against minors [1000272740004].
Judgment
H.K. Sema, J.—There can never be more graver and heinous crime than the father being charged of raping his own daughter. He not only delicts the law but it is a betrayal of trust. The father is the fortress and refuge of his daughter in whom the daughter trusts. Charged of raping his own daughter under his refuge and fortress is worst than the gamekeeper becoming a poacher and treasury guard becoming a robber.
2. The facts of this case as unfolded by the prosecution shocked the judicial conscience. Briefly stated the facts are as follows:-
The respondent-accused Asha Ram married to one Smt. Kalawati - PW 3. Out of the wedlock they have three daughters and two sons. Accused and PW-3 were having strained relations and living separately. PW-3 was living in some servant quarters in Brock-hurst with one of the daughters and two sons. Accused was living in the accommodation allotted to him in the servant quarters attached to Raj Bhawan with the other two daughters namely Kumari Uma and Kumari Seema (prosecutrix). In the intervening night of 23/24.8.1988 the accused returned home at about 12.30 AM and went to the room where his daughters Uma and Seema were sleeping. He asked Kumari
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