Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

Wife who got daughter to file false rape charge against dad earns high court wrath

NAGPUR: Bombay high court's Aurangabad bench chided a woman for getting her 12-year-old daughter to file false rape charges against her estranged husband. "It is a shocking event that a teenager was used as a lever against her father. The teenager had put her esteem at stake, but it was instrumentality of her mother which, indeed, proved fatal for smooth family life," Justice KU Chandiwal observed.

"Memories of sexual assault are difficult to control and they disrupt daily life of victim," the court observed before acquitting the father who was languishing in Aurangabad central jail since 2010. The Aurangabad-based teenager had a lodged a complaint on January 20, 2010, that her driver father, 32, had raped her two months earlier and made another attempt a day earlier. Offences under Sections 376 and 506 of IPC were registered against the man.

After medical examinations, the father was convicted by the sessions court on February 12 last year. He challenged this verdict in the high court pleading there was matrimonial discord and disharmony between him and his wife and the daughter was being used as a stooge. He further claimed that his wife had instigated the daughter to accompany her to police station and lodge a false FIR.

"If the girl, at a tender age of 12-14 years, not used to sex, is sexually abused by grown up person like her father (appellant), the unfortunate implications are, to suffer profuse bleeding to her private part or to witness injuries in nearby area including, swelling and rupture. Nothing of this sort has taken place," Justice Chandiwal observed.

He stated the girl's testimony did not inspire confidence to bank upon and even the medical evidence did not support that she had suffered sexual abuse. He added that the evidence did not demonstrate that the victim was sexually abused, least of all by her own father. "If evidence of prosecutrix inspires confidence, it must be relied upon without seeking corroboration of her statement in material particulars. If for some reasons the court finds it difficult to place implicit reliance on her testimony, it may look for evidence that may lend assurance to her testimony," the judge ruled before setting aside father's conviction.