A court in New Delhi has sentenced a man to five years rigorous imprisonment for attempting to rape his 11-year-old daughter, relying on the testimonies of the girl and her younger brother.
“I am of the considered opinion that the prosecution has been successful in proving that the accused Brahma Nand Sharma … has tried to commit rape upon her,” Additional Sessions Judge Bharat Parashar said.
The court also imposed a fine of Rs 10,000 on Sharma, holding him guilty under Section 376 (rape) read with 511 (attempting to commit an offence), 354 (outraging the modesty) and 506 (criminal intimidation) of the IPC.
Referring to the testimony of the girl and her 10-year-old brother, the judge in his recent judgement said, “I have been unable to find any circumstance in the cross-examination, which could show that they have been tutored in any manner by any person, much less by their mother.”
Sharma, 51, was arrested following the registration of a case with Rohini police station here by the victim’s mother, alleging that her husband had tried to rape his daughter on February 21, 2004.
In his plea before the court, the convict claimed false implication as his relationship with his wife was not smooth.
He also claimed that his children had deposed at the instance of his wife, who was suffering from schizophrenia, which had resulted into her termination from the army.
Even after acceding to the convict’s contention about his wife’s ailment, the court noted that the child witnesses had vividly given the details of the incident, proving the prosecution case.