Punjab and Haryana High Court upholds 14-yr RI for raping daughter

Tribune News Service

Chandigarh, September 23

The Punjab and Haryana High Court has made it clear that the courts add insult to injury by seeking, as a rule, corroboration of a rape victim’s statement in cases where the testimony inspires confidence and is found to be reliable. The assertion came as a Division Bench of the High Court upheld 14-year rigorous imprisonment sentence slapped on a man 12 years back for raping his minor daughter.

Taking up the matter, the Bench of Justice Sureshwar Thakur and Justice NS Shekhawat asserted it was a well-settled preposition of law that the conviction for an offence of rape under Section 376 of the IPC can be based on the rape victim’s sole testimony. Her deposition in such cases was vital. Unless there were compelling reasons necessitating corroboration, the courts should not find any difficulty to act on the testimony of a sexual assault victim alone to convict an accused where it inspired confidence and was found to be reliable. “Seeking corroboration of her statement before relying upon the same, as a rule, in such cases amounts to adding insult to injury,” the Bench asserted.

Referring to a Supreme Court judgment, the Bench asserted there could never be a graver and heinous crime than the father committing his daughter’s rape. The protector then became the predator. The charge of raping daughter under his refuge was worse than a gamekeeper becoming a poacher and treasury guard becoming a robber.

The Bench, during the course of hearing the petition filed way back in 2010, was told that the case was registered in July 2008 and the accused was found guilty of raping his daughter vide impugned judgment and order dated January 7, 2010, passed by the Jalandhar Additional Sessions Judge.

After hearing rival contentions and going through the record, the Bench asserted it found the evidence of the victim and another witness trustworthy, convincing and reliable. It was safe to base the judgment of conviction on the testimonies of the two witnesses. The medical evidence also supported the victim’s testimony, the Bench asserted, while upholding the trial court’s findings. The Bench was assisted by amicus curiae Harmanpreet Singh.

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