Рет қаралды 1,173,101
NEW DELHI: Justice came to a man, convicted of raping his daughter, 10 months too late. The Delhi high court recently acquitted him of rape charges, but by then the man had died, taking the tag of a “rapist father” to his grave.
Slamming the trial court for its “erroneous approach”, the HC lamented the “serious miscarriage of justice” while acquitting the man accused of rape by his minor daughter in January 1996. The man spent 10 years in jail and lived 22 years with the taint of having raped his daughter. He died in February this year.
The HC noted that the accused “had been crying foul from day one” and had alleged that a boy had abducted and seduced his daughter, who was found to be pregnant. But the investigating agency and the trial court ignored his claim.
The father had demanded a DNA test of the girl’s foetus which wasn’t carried out.
“The investigation was clearly one-sided. At this distance in time, this court can only deplore the inaction of all concerned. There are many facts and circumstances which have been glossed over by the trial court but which render the prosecutrix’s account wholly improbable and unreliable,” the court said.
UNFAIR PROBE
Court picked easy solutions in convicting father of rape: HC
Additionally, this court is of the view that neither the investigating agency nor the trial court were fair to the appellant at any stage of the process, this also vitiated the result of the probe and the trial,” the HC said in its judgment acquitting the man, who died in February. His wife had continued with the appeal.
The HC said the prosecution and the trial court picked “easy solutions” and the need for a deeper probe, as demanded by the man right from the start, was given a go-by.
“The defence evidence, particularly those of close family members was discarded. It is sad to note that the trial judge blindly accepted the prosecution story without going into the aspects which render it highly improbable, virtually impossible.
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