"Would any father do this?": J&K court sentences man to life in prison for raping daughter

A Sessions Court in Jammu and Kashmir's Anantnag recently sentenced a man to life imprisonment for sexually assaulting, raping and impregnating his 15-year-old daughter..The sentence was delivered by Judge Tahir Khurshid Raina of the Court of the Principal Sessions Judge, Anantnag, who described the crime as “a symbol of extreme depravity, mental sickness, and complete collapse of ethical values.”The trial judge expressed that he was shell-shocked by the crime. He also recounted how the rape survivor had confronted her father tearfully while testifying against him in court. "In a state of complete helplessness and utter shock, the victim of the offence of rape has asked to her convict-father, when he overpowered her to perform this heinous Crime on her, 'whether any father does such an act with his daughter.' This was stated by the victim in Court while deposing against the convict, with tears rolling down her eyes," the judge said. .The judge remarked that this question was not merely directed toward the accused but served as a wake-up call for society at large, raising urgent questions about the safety of children even within their homes. "Whether our daughters are safe enough to survive, sustain and enjoy life to their fullest? Are they truly safe and secure in their homes and hearts? The question which is asked by the victim to her convict-father is an eye opener in this context. It is ironic in this context as well that this Court is trying one more case, wherein a grandfather is accused of raping his grand-daughter continuously for two years," the court observed..The survivor was about 15 years old when her father raped and impregnated her on January 25, 2022. The first information report (FIR) filed against the accused man at the Women's Police Station, Anantnag, cited the offences under Sections 376(3) (rape) and 506 (criminal intimidation) of the Indian Penal Code (IPC) and Section 6 (aggravated penetrative sexual assault) of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act). The trial court found him guilty. Judge Raina termed the crime a heinous and morally reprehensible offence that struck at the very foundation of the father-daughter relationship.The trial judge added that the punishment imposed on the convict for such a crime should send a message to society. "By no stretch of imagination can it be expected that a man can turn into such a beast. The instant conviction has unfortunately cast a death shadow on the pious and beautiful relation between a father and a daughter a bond about which it is said, "No one in this world can love a girl more than her father". He is her role model, a standard against which she judges all men ... an appropriate sentence based on a deterrent massage is required to be delivered across society, which may lead in shaping and strengthening the moral fabric of the society at large," the court said. It proceeded to sentence the convict to life imprisonment and a fine of ₹1 lakh each for the offences of rape under the IPC and sexual assault under the POCSO Act. Further the court ordered the convict to undergo ten years of rigorous imprisonment for committing the offence of criminal intimidation under the IPC, and also pay a ₹10,000 fine. The fine, if paid, must be given to the rape survivor, the court said. Moreover, in view of the traumatic nature of the offence and the permanent psychological, emotional and social impact upon the minor victim, the trial court also ordered the payment of compensation to the rape survivor under the Victim Compensation Scheme.The trial court made it clear that at least ₹10 lakhs has to be given as compensation, but left it to the District Legal Services Authority (DSLA), Anantnag, to determine and pay the final amount within 30 days. "The awarded compensation shall be deposited in a fixed deposit account in the name of the victim, to be operated under the supervision of the CWC (Child Welfare Committee), with periodic withdrawal permitted strictly for her educational, medical, or psychological needs," the court added. .Advocate Syed Masood appeared for the convict, while the Jammu and Kashmir government was represented by Public Prosecutor Abdul Rashid Mir..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.