Delhi HC quashes plea by man convicted of raping step-daughter

Dismissing the appeal, Justice Mukta Gupta said the convict has “miserably failed to explain how the victim was ravished at the time when she was in his custody”

Written by Manish Raj | New Delhi | Published:June 7, 2017 3:57 am

Quashing an appeal for acquittal filed by a man, convicted by a trial court for raping his minor step-daughter, the Delhi High Court said the eight-year-old victim’s statement was not only reliable but also “duly corroborated by statements of her relatives and a medical report”.

Dismissing the appeal, Justice Mukta Gupta said the convict has “miserably failed to explain how the victim was ravished at the time when she was in his custody”. The convict’s claim that he was “innocent and falsely implicated” would not help him, the judge said.

The prosecution said police received information about the rape on February 7, 2010. The victim told police that the accused, her step-father, took her to a room in Swaroop Nagar on February 5. Though he was supposed to drop her off at her grandmother’s place, he forced her to stay back and raped her, the prosecution alleged.

The grandmother, in her statement, said she kept looking for her granddaughter but couldn’t find her that evening. The next morning, the accused called and asked her to pick up the child up from a bus stand. The grandmother said she found the girl at a bus stand with her clothes torn. She tried to confront the accused but could not find him, following which she informed her son, who informed police.

After the trial, a city court sentenced the accused to 10 years of rigorous imprisonment and a fine of Rs 30,000.

He then moved the HC against the conviction. His counsel said there were “material contradictions”.

Justice Gupta said the alleged contradictions like delay in lodging the FIR was “duly explained”. The delayed submission of the special report was also “not fatal to the case”. There were no variations in the statements of the victim, and “minor aberrations” would “not discredit her otherwise reliable version”, the HC said.

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