The main legal point established in the judgment is the reliability of the prosecutrix's testimony, the admissibility of her previous statements, and the lack of motive for false implication in cases of sexual assault.

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 at A-2/57 Dharampura Extension, Nazafgarh, New Delhi. Her mother PW5-Maya Devi was working as a house maid while her father, i.e., the accused used to work at some meat shop. On 5th October, 2010, ‘X’ was alone at home with her father when he committed the appalling act of rape upon his own daughter. When Maya returned home, she found ‘X’ sweating and crying. She was informed by ‘X’ about the commission of rape upon her. Accused was not at home at that time, as such, Maya informed wife of the landlord. On 7th October, 2010, when the accused returned home, PW4-Smt. Anuradha Sharma, President of Residents Welfare Association was called and informed about the heinous act committed by the accused. Accordingly, she informed the police at 100 number on which police machinery swung into action. PW8-Constable Kuldeep along with SI Surender Huda went to House No. 57, A2 block, Dharampura Extn. where statement of Maya Ex.PW5/A was recorded on the basis of which FIR Ex.PW7/A u/s 376 IPC was registered. ‘X’ was taken to DDU Hospital along with her mother by PW2-WCT Rajbala for her medical examination. MLC of ‘X’, Ex.PW1/A was prepared by PW1-Dr. Dipali and she referred the patient to the department of Gynae for further examination. Further medical examination of ‘X’ was conducted by PW15-Dr.Varuni who gave her report Ex.PW15/A. Accused was arrested. He was also taken for his medical examination and was examined by PW3-Dr. Alok Kumar. He prepared his MLC Ex.PW3/A and opined that there was nothing to suggest that accused cannot perform sexual act. During the course of investigation, the exhibits were sent to FSL.

3. After completing investigation, charge sheet was submitted against the accused. On charge u/s 376 IPC being framed against the accused he abjured his guilt and claimed trial.

4. In order to substantiate its case, prosecution examined 13 witnesses. All the incriminating evidence was put to the accused while recording his statement u/s 313 Cr.P.C. wherein he denied the case of prosecution. According to him, he was falsely implicated in this case at the instance of his wife with whom he was not having cordial relations as she was having illicit relations with someone at her work place. She had threatened to kill him and to get him falsely implicated in some heinous case. He examined DW1-Sunil, his son in support of his defence.

5. After evaluating the evidence adduced by the prosecution and hearing learned counsel for the parties, vide impugned judgment dated 20th January, 2012, the accused was held guilty and convicted for offence u/s 376 IPC and vide order dated 24th January, 2012 he was sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 10,000/- in default of payment of fine, to undergo simple imprisonment for six months. The