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To ensure strict compliance with the mandate on non-disclosure of rape victims’ identities, the Court further directed that a copy of this judgment be sent to all High Courts that the proscription in Section 228-A IPC is followed strictly.
A ‘Police Didi’ Program enabled the victim to approach authorities, supported by her Principal and counsellor.
“The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”
The Court observed that the victim admitted being about 18 years old, while her father’s evidence on age was inconsistent. With contradictions between oral and medical evidence, minority was not proved, and hence, Protection of Children from Sexual Offences Act, 2012 could not be invoked.
“When a person’s identification is at issue, the information that is most beneficial in determining his identity is considered a relevant fact. On their own, certain pieces of evidence may seem devoid of significance, but when considered in conjunction with other facts, they may become relevant.”
“The father, instead of nurturing and protecting his daughters, allowed his inebriated state to overpower his human instincts and parental duty.”
“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”
“The prosecutrix is not an accomplice but rather the victim and the sole injured witness of the assault, and thus her evidence assumes great evidentiary value. But where she declines to identify the perpetrators, she is either a consenting party, or the persons being tried are not the actual perpetrators.”
“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”
The Court stated that if the answer to all the steps is in the affirmative, then judicial conscience of the High Court should persuade it to quash such criminal proceedings, in exercise of power vested in it under Section 482 of the CrPC.
“The prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”
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.
“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”.
“No society can afford to punish its children. Punitive approach towards children in conflict with the law would be self-destructive for the society.”
“The Court has no words to describe its anguish against the heinous act of the victim’s father.”
The Court opined that the chats depicted the stark reality about the behavioural pattern of the complainant who appeared to be having manipulative and vindictive tendency.
The Trial Court hadn’t given any separate sentence to the convict under Sections 376(3), 377, 506 of the IPC and Section 4 of the POCSO Act in view of Section 42 of the POCSO Act.
The Standard Operating Procedures on Collection and Processing of Scientific/Forensic Evidence in Sexual Assault Cases were officially released at the Police Headquarters in Panjim, Goa on the 26-04-2025. Spearheaded by Prof. (Dr.) Pinky Anand, Senior Advocate and Former ASG of India, the initiative marks a critical advancement in bridging the teething gaps in the criminal justice system when it comes to forensic investigations and evidence collection.
Considering the facts and circumstances of the case, overall evidence adduced by the prosecution, the mode and manner in which the incident had taken place, the Court opined that some reprieve in the matter of sentence deserved to be given to the convict who had been incarcerated since more than four years.