Mumbai: Terming it as a ‘scar on human relations,’ the Bombay High Court, last week, upheld the conviction of a 33-year-old man, who raped his own daughter. The HC said such incidents can shatter the image of ‘paternity.’
A bench of Justice Sadhana Jadhav penned down the strong-worded judgment while dismissing the appeal of Baban Rathore, a resident of Satara. He had challenged his conviction by a trial court. The trial court had convicted Baban and sentenced him to 10-years rigorous imprisonment for raping his 10-year-old daughter.
The trial court while convicting Baban relied upon the medical evidence as the survivor had turned hostile. Having considered the facts of the case, Justice Jadhav noted, that Baban was on bail when the rape survivor deposed before the trial court.
“There is no doubt of the very fact that the father was on bail on the date of recording of evidence (of the survivor) and he along with his wife have influenced the daughter and pressurised her to turn hostile and this court cannot be oblivious of the said fact,” Justice Jadhav noted.
The bench said the incident was traumatic and pathetic, as the survivor was sexually assaulted by her own biological father. “The offence committed by Baban is not only a heinous offence but shatters the image of paternity in the eyes of a daughter. She could bear the physical pain but would be living with an injury to her soul,” Justice Jadhav said.
Justice Jadhav further added, “The biggest trauma would be that she was not even supported by her mother, and was expected to speak a lie before the court. This is a scar on human relations.”The court accordingly, dismissed the criminal appeal filed by Baban and upheld his conviction and also the sentence of 10-years.
