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In her statement, the victim stated that firstly, her father committed forcible sexual intercourse with her, and after some days when she was sleeping at her paternal aunt’s house, then the convict, who was her paternal uncle, committed the same offence against her.
The NHRC sought a detailed report from DGP, UP, and DM, Ghaziabad, on the matter within two weeks.
NHRC issued notice to the Director General of Police seeking a detailed report on the matter within two weeks.
“Though there was no progress in the trial and even the charge was also not framed and the applicant was incarcerated since 22-12-2021, however, the material on record prima facie showed the applicant’s involvement in the crime.”
“Incestuous sexual violence committed by a parent is a distinct category of offence that tears through the foundational fabric of familial trust and must invite the severest condemnation in both language and sentence”.
“To convict the accused under Section 363 IPC, two things are to be established beyond reasonable doubt, one that she was below the age of 18 years and other would be that she was taken away from her lawful guardianship without consent of the guardians.”
“The Board shall conduct the preliminary assessment regarding the mental and physical capacity of the child to commit the crime, his ability to understand the consequences of the offence and the circumstances in which the crime was allegedly committed.”
The Court stated that agreement of surrogacy is opposed to public policy in India. Therefore, consent for sexual relation under such illegal surrogacy agreement is not a valid consent as per the provisions of the Penal Code, 1860.
The Court found that it had been proved that the victim was forcibly kidnapped by the convict with the intention to marry and have intercourse with her. He not only outraged her modesty but also attempted to rape her by undressing her but failed due to her protest.
“The word “and” appearing in Section 482(4) of Bharatiya Nagarik Suraksha Sanhita, 2023 shall have to be read as “or” to give effect to the intention of the legislature.”
“The Court has no words to describe its anguish against the heinous act of the victim’s father.”
“In Indian societal norms, the matters relating to sexual assault in large number of cases are not being reported by women timely… The possibility of accused taking benefit of the situation… cannot be ruled out.”
The NHRC noted that if the contents of the news report were true, it raised a serious issue of violation of human rights.
“The fact that the parties maintained a relationship for five long years would make it difficult to hold that the sexual relationship was based upon a promise to marry.”
“The evidence of the victim girl and the medical examination report prima facie do not indicate that there was any penetration or rape committed by the petitioner on the victim girl nor that he attempted to penetrate.”
“In the present case, aggrieved party that is the husband of the complainant has not made complaint of adultery before the Court; therefore, ingredients of Section 497 of the IPC have not been made out against the convict.”
“The definition of ‘rape’ excludes acts between a man and his wife, not below the age of fifteen years, performed during the subsistence of a valid marriage.”
Respondent 3 was fully aware of the bond of matrimony existing between her and the petitioner after the civil registration of their marriage and consciously decided to engage in consensual sexual interactions. So, it cannot be said that her consent for sexual relationship is vitiated by a promise to marry based on religious customs.
Despite having multiple opportunities to report the alleged acts, complainant remained silent. Her complaint came only after the pregnancy was discovered. The Court stated that these facts lend credence to the possibility that the FIR was a reaction to social pressure and the nature of the relationship was re-cast retrospectively to explain an unwanted pregnancy.
“Any compromise or settlement with respect to the offence of rape, against the honour of a woman, which shakes the very core of her life and tantamounts to a serious blow to her supreme honour, offending both, her esteem and dignity, is not acceptable to this Court.”