Madras High Court Upholds Father's Life Sentence for Sexual Assault on Minor Daughters, Denounces Betrayal of Sacred Trust

Salem, India – The Madras High Court has dismissed an appeal filed by a father, Sarvanan, confirming his life imprisonment sentence for the repeated sexual assault of his two minor daughters. The division bench, comprising Justices M. Jothiraman and N. Sathish Kumar , delivered a powerful judgment, underscoring the sacred duty of a father as a protector and condemning the devastating impact of alcoholism on families.

The court upheld the February 12, 2019 verdict of the Sessions Court, Magalir Needhimandram, Salem, which found Sarvanan guilty under Sections 4 (penetrative sexual assault) and 10 (aggravated sexual assault) of the Protection of Children from Sexual Offences (POCSO) Act, 2012.

Background of the Case

The case originated from a complaint filed by Tmt. Gandhimathi (PW1) of the Salem Kumarapatti Children Welfare Organization. The victims, identified as PW2 (aged 16 at the time of the offence) and PW3 (aged 13), were Sarvanan's daughters from his second wife. The prosecution established that after the children's mother left the home due to the accused's alcoholism and abusive behavior, Sarvanan subjected his daughters to horrific sexual abuse.

The investigation revealed that Sarvanan repeatedly committed penetrative sexual assault on his elder daughter, PW2, and subjected his younger daughter, PW3, to other forms of sexual harassment, including forceful insertion of his fingers into her private parts. He threatened them with dire consequences to ensure their silence. The children were eventually taken into the custody of a child welfare home, where they disclosed the abuse.

Arguments in Court

The appellant's counsel argued for leniency, citing a delay of over 10 months between the victims' initial statements to the Child Welfare Committee and the formal police complaint. The defence also attempted to discredit the victims by suggesting the case was fabricated because the father disapproved of his daughter's relationship with a boy.

The State, represented by the Additional Public Prosecutor, countered that the testimonies of the victim girls were consistent, credible, and corroborated by medical evidence. Medical reports confirmed that PW2 had been subjected to repeated sexual intercourse, and both girls showed signs of sexual abuse. Crucially, the accused's own wife, examined as a defence witness (DW1), admitted during cross-examination that she was testifying to save her husband and that PW2 had become pregnant as a result of the abuse.

High Court's Stern Rebuke and Judgment

The High Court meticulously reviewed the evidence, finding no reason to interfere with the trial court's decision. The bench highlighted the consistent and harrowing testimonies of the victims (PW2 and PW3), which were corroborated by medical evidence from Dr. Priyadharshi (PW10) and the school records confirming their minority, provided by Headmistress Prabha (PW8).

The court also took a strong stance on the significant delays in the cross-examination of the child victims, citing the Supreme Court's judgment in Vinod Kumar v. State of Punjab . It noted that PW2 was cross-examined nearly nine months after her chief examination, calling such delays an "anathema to the concept of proper and fair trial."

In a poignant observation on the role of a parent, the court stated: > "In our culture, father occupies a revered placed next to mother and higher than teacher and the divine, as expressed in the traditional saying 'Matha (mother), Pitha (father), Guru (Teacher), Deivam (God)'. A father's paramount duty is to ensure the safety, emotional wellbeing, and moral upbringing of his children. When such a sacred responsibility is let down, it strikes at the very foundation of the family and Society."

The bench further lamented the circumstances of the case, remarking: > "Instant case is indeed a peculiar case where it is painful to note that the father, who is expected to be the protector and guardian of his children, has turned out to be the very source of their suffering. The present case also portrays a distressing picture of how addiction to alcohol can destroy the harmony of a family and erode moral values."

Final Verdict

Finding no mitigating factors, the Madras High Court dismissed the criminal appeal, confirming both the conviction and the life sentence imposed by the trial court. The judgment reinforces the judiciary's commitment to protecting children from sexual abuse, especially when the perpetrator is a person in a position of trust and authority.