The inherent honesty of children and the credibility of their statements, the importance of scrutinizing child witness statements with care, and the duty of public representatives to report serious allegations to the police.

Deepak Gupta, J.

This appeal is directed against the judgment dated 11.02.2011 delivered by the learned Sessions Judge, West Tripura, Agartala in case No. ST 53 of 2008 whereby he held the accused guilty of having committed an offence punishable under Section 376(2)(f) of the IPC and sentenced him to suffer rigorous imprisonment for 10(ten) years and to pay fine of Rs.2000/- and in default of payment of fine to suffer further simple imprisonment for two months.

2. This is a heart-rending case where the appellant has been convicted of having raped his minor daughter aged 9(nine) years.

3. The prosecution story briefly stated is that a complaint was lodged by the wife of the appellant who is the mother of the victim on 16.08.2007. In this complaint she alleged that after she returned from a neighbour’s house after attending a wedding on 07.05.2007 at about mid night she had seen her husband committing rape on their minor daughter in the dwelling hut. She again saw her husband raping their daughter a few days later in the jungle. According to her she did not make a complaint immediately since she was ashamed about the incident and she was threatened by the husband. To avoid public scandal and public disgrace she did not report the matter.

4. On the basis of this complaint investigation was started and after investigation was completed, the police filed charge sheet and charge against the appellant was framed on 18.08.2008 alleging that he had raped his nine year old daughter and thus committed an offence under Section 376(2)(f) of the IPC. After trial the accused was convicted and sentenced as aforesaid. Hence, this appeal.

5. The main grounds raised by Mr. M. K. Roy, learned counsel for the appellant are that the husband has been falsely implicated in a false case at the behest of the wife. In this behalf he submits that the relation between the wife and the husband were inimical and the wife on 16.08.2007 had filed two complaints; one alleging that her daughter had been raped and one alleging that the husband had committed cruelty against her in terms of Section 498A IPC. It is also contended that the FIR is highly belated because the occurrence took place in May and the FIR was lodged in August and there is no explanation for the delay. He has also urged that in the FIR under Section 498A IPC the wife had stated that she was living away from her husband for 8/9 months and this would mean that at the time of the alleged occurrence i.e. in 2008 the wife was not living in the house of the husband. He lastly contended that there is some contradiction and whereas in one version it is stated that the wife came back after attending a marriage in the neighbour’s house. According to the daughter in another version it is stated that there was a kirtan.

6. There is no manner of doubt that the relations between husband and wife were strained even before this occurrence. There is evidence on record to show that even prior to this alleged occurrence many complaints had been filed by the wife against her husband. This fact is proved by the prosecution witnesses who are the members of the Gram Panchayat. We are also in agreement with the learned counsel that the statement of the wife cannot be taken at its face value. In fact, the learned trial Court has also not placed much reliance on the statement of the complainant-wife. The main issue is whether the statement of this nine year old girl should be accepted or not?

7. A child witness can be tutored and the law is well settled that the statement of a child witness should be scrutinized with great care and caution. At the same time, this Court is of the firm view that children by their inherent nature are honest. Children do not tell lies and unless it is shown that the child was tutored it would be difficult not to rely upon her version. The FIR was lodged on 16th August, 2007 and a statement of the child was recorded before the Magistrate who has been examined as Court Witness on 18.08.2