Mumbai: In a rare judgment, despite the mother of the victim - the complainant and her minor daughter who was sexually assaulted by her own father, not supporting the allegations in court, a special court relied on landmark judgments such as Jessica Lal murder case and Gujarat’s BEST Bakery case and sentenced the 38-year-old tailor to twenty years rigorous imprisonment.
While the mother had gone back on her police complaint and told the court in her testimony that it was due to a domestic feud that she had lodged it, the child had also denied that any such incidents occurred with her.
Accused the only earning member of family
The court found there is trustworthy evidence that that the accused has committed repeated penetrative sexual assault with his own daughter and that the accused, being her father held a position of dominance over her. The court noted that the victim is the accused’s daughter and the complainant, his wife and that both had admitted in their cross-examination that the accused is the only earning member of the family and has been in prison since three years as an undertrial.
Extra Joint Special Judge under the Protection of Children from Sexual Offences Act (POCSO) Anis AJ Khan stated in the judgment that they want the accused to escape conviction as he is the only earning member. “It is well settled law that hostile witnesses would not be totally rejected if they have spoken in favour of the prosecution,” the court said. Judge Khan further said, “The main cause for the high rate of acquittal in our criminal justice system is due to witnesses turning hostile.”
Jessica Lal case took as reference
Referring to the Jessica Lal murder case, the court said that 80 witnesses had turned hostile but presence of the accused with the gun was admitted by witnesses and on this basis the appellate court had convicted the accused. “I must refer to the BEST Bakery case. In this case the powerful and rich accused forced the witness to turn hostile. The witness failed to identify the accused. Later on, one witness who turned hostile but accepted that he had turned hostile under threat and fear of life. It said further that some of the important reasons for a witness to turn hostile are fear of police, political fear, threat or promise by the accused, etc, before going on to convict the man.
