HC acquits man convicted by trial court of raping daughter A man, awarded life imprisonment by the trial court for allegedly raping his daughter, was today let off by the Delhi High Court which said his first wife used the minor child as a tool to settle scores with him. Setting aside the trial courts order sentencing the man to life imprisonment on the charge of rape of his 11-year-old daughter in 2006, a bench headed by Justice Kailash Gambhir said, the court disbelieves and disagrees with the finding of the trial court holding the man guilty of committing rape of his daughter. The evidence produced by the prosecution and even the medical evidence does not lead us to believe that the appellant had committed a rape of his daughter. The bench, also comprising Justice Indermeet Kaur said, It is unfortunate, that to seek revenge from her own husband, she went to the extent of using her minor daughter as a tool to implicate him of an offence such as rape. The facts and circumstance of the case make it amply clear that the grudge nursed by the mother of not being adequately compensated during the divorce coupled with the fact that she was made to agree to hand over the legal custody of children in favour of her husband and above all the remarriage of the husband capitulated her into plotting this devious act. Rejecting the prosecution claim and allegations against the man, the bench said, The common belief that no women will fabricate an offence such as rape owing to its social and mental ramification is undoubtedly flawed as is exemplified by the present case..... The trauma of a man being falsely accused of raping his own flesh and blood is unspeakable and unfathomable. The court is appalled as how the mother for her personal vendetta compromise the wellbeing of her daughter to let her live for a lifetime with such a stigma and scar of being raped by her own father. The question is best left unanswered in the interest of humanity....
Posted on: Tue, 29 Oct 2013 21:25:03 +0000
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