Sunita Gupta, J.:--

1. Who is a father? A father is an essential component of the family, which, in turn, has been acknowledged as one of the most important units of society, in relation to the wellbeing and especially the nurturing and protection of children. We should never lose sight of the fact that a father derives his position and power from cultural prescriptions of manhood. Being a man and a father meant being able to exercise self-restraint. This entailed, among other things, not resorting to violence especially against women. Abusing women is regarded as a cowardly act and men who engaged in such practices should be excluded socially.

In the words of Sigmund Freud, “I cannot think of any need in childhood as strong as the need for a father’s protection. These words of Sigmund Freud clearly show that fatherhood is a socio moral process. It is intertwined with position and role of a father in society. But in the instant case all these parameters of a fatherhood have been violated by a father when he committed abominable act of rape upon his own daughter and defiled her body for a small fling of lust.

2. ‘X’ was residing along with her parents, brothers and sisters a