The reliability of the victim's testimony and the lack of requirement for corroboration in rape cases.

P.K. Bhasin, J.

1. This is a case of rape of a minor daughter by her father and the appellant herein is the father who stands convicted for having raped his minor daughter and sentenced to undergo life imprisonment by the learned Additional Sessions Judge.

2. Hon’ble Supreme Court in the year 2006 in a judgment reported as 2006 Crl.L.J. 139, “State vs. Asha Ram” had made the following observations while reversing the judgment of acquittal by the High Court in a case of rape of a girl by her father:

“1. 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.”

3. In that case the trial Court had convicted the accused-father for having raped his daughter and five years sentence of imprisonment was awarded. The accused-father challenged his conviction and in appeal the High Court acquitted him. The State approached the Apex Court where the High Court’s decision was set aside. The facts of that case are almost similar to the facts of the present case, which situation rarely arises in criminal cases. The unfortunate daughter who was raped by her father had deposed like this during the trial:

"In the year 1988, I was living with my father Asha Ram (accused) and sister Uma Devi in the servant quarters known as Raj Bhawan. At about 12.30 a.m./on the intervening night of 23 and 24th August, 1988 my father (accused) entered my room, switched off its light. He desired me to serve him meals. I served meals to my father (accused) in his own room. The meals were brought from the kitchen. When I was serving the meals, the accused bolted the room from inside. My father the accused desired me to sleep in the same room. He forcibly made me to sleep on the cot lying there in his room. He switched off the light.

He untied the string of my salwar. I told him that look here Papa I am your daughter. Despite this, the accused committed sexual intercourse with me. I raised hue and cry upon which he gagged my mouth with a piece of cloth.

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My mother had been living separately. My mother had been earning her livelihood by doing manual work at the house of one Shri Atwal. I narrated the whole story to her. I accompanied my mother to report the occurrence to the police …………………… ……………………………………………………………."

4. In the present case the 14 years old daughter(PW-1) who was made a victim of his sexual lust by the appellant had deposed before the trial Court as under:

“I was living with my sister Sandhya and my father Ram Dhawan @ Ram Dev who is accused present in the court today (correctly identified) at Prem Nagar. My mother Promila alongwith my brother and another sister were living in Ghaziabad separately. In the month of September, 2005 while I was present in my house, my father who is accused present in the court today had done the wrong act with me in the night. He had removed my underwear and had done sex with me. My father accused has done sex with me number of times in night in our house. I used to protest and resist him from doing so but my father accused used to threat me to kill me.

On 28/09/05, my mother had come from Ghaziabad and I had narrated the entire incident to my mother. My mother took me to Police Station Patel Nagar and my statement -Ex.PW-1/A was recorded which bears my signatures at point A1. I was also medically examined in the Government hospital.

Police had also seized my salwar which I was wearing at the time of Incident ………………………………………………………… ……….

I was produced in the court by the police where my statement was recorded by a lady Judge and I had also narrated that my father used to rape me ever since daily when my other brothers and sisters us