'Speechless': Gujarat Court Awards Man Life Sentence For Raping Minor Daughter; Lauds APP Who Postponed Surgery For Trial

In the 39-page order, Special Judge (POCSO) Sarang S. Kale expressed profound shock at the horrific nature of the crime, stating that he was 'speechless' and 'really shocked' to come across such a case.

The judge noted that while the court had handled numerous cases under the POCSO Act, this was an especially tragic instance where the accused was the victim's father. The court noted that during the victim's deposition, gentle conversation was used to help her relax and build confidence and after that, her eyes were filled with tears as she repeatedly expressed her disbelief that her father had raped her.

The court added that while enacting the POCSO Act, even the legislature would not have had any reason to think that a father could be an accused under the Act for raping his own daughter.

Emphasising the gravity of the crime, the order stated : "this Court comes to the conclusion that this case falls within the heinous crime. Accused has committed rape on his daughter. If a man with such a mentality, allowed to live in society, no girl or a lady will be safe. So accused must be awarded the maximum punishment in terms of sentence, i.e. imprisonment for life."

The court further noted that the accused showed no remorse during the trial, as was visible from his body language, which was particularly observed by the Court.

The judge added: “This court has no words to describe its anguish against the heinous act of this accused. On the one hand accused has sexually exploited his daughter and on the other hand, threatened victim not to tell this incidence to anyone. If she does so, he will not send her to her home town i.e. U.P. And her mother will also die. Thus, accused not raped physically but also raped victim mentally. This man is really a culprit.”

In a commendatory remark, the court also praised the dedication of Additional Public Prosecutor Ms RK Joshi, who diligently pursued the trial despite being diagnosed with a brain tumour requiring surgery.

The Court noted that she repeatedly conveyed to this court that she would undergo surgery only after the prosecution's evidence was over in the trial.

The case in brief

On April 12, 2024, one Deviprasad (brother of the victim) lodged a police complaint stating that the victim had been experiencing severe stomach pain and upon medical examination, it was discovered that she was pregnant. When questioned, the victim revealed that her father had repeatedly raped her and threatened to kill her and other family members if she disclosed anything to anyone.

Following an investigation, a chargesheet was filed against the accused under Sections 376(2)(F)(J)(N), 354(A), and 506(2) of the Indian Penal Code (IPC) as well as Sections 4, 5(L)(N)(J)(2), 6, and 8 of the POCSO Act.

During the trial, it was established that the victim was a minor at the time of the incident (17 years, 8 months, and 25 days old). The court found her testimony consistent and credible, corroborated by medical evidence.

The judge also observed that the sole testimony of the victim regarding sexual assault and other offences is sufficient to convict the accused.

The Court also noted that during the trial, the defence had failed to challenge the prosecution's case effectively, neither through cross-examination of witnesses nor by presenting any defence evidence.

Consequently, the court concluded that the accused had been proven guilty beyond a reasonable doubt and sentenced him to life imprisonment.

Before parting with the Judgment, notingt that severe physical and psychological trauma had been endured by the victim, the court directed that ₹5 lakh be awarded to her from the Gujarat Victim Compensation Fund for her rehabilitation.