Jahanvi Agarwal
On 14th May 2024, the Delhi High Court found a man guilty of aggravated penetrative sexual assault against his 10-year-old daughter, which occurred over a span of more than two years. The division Bench, consisting of Justices Suresh Kumar Kait and Manoj Jain, convicted the man, referred to as PDD, under Section 6 of the Protection of Children from Sexual Offences (POCSO) Act, which deals with severe punishments for sexual assault on children. Sections 506 and 323 of the Indian Penal Code (IPC) relate to criminal intimidation and causing hurt on purpose, respectively.
This decision overruled a previous trial court ruling that had acquitted him. The High Court judges criticized the trial court for “misreading and misinterpreting the evidence,” stating that their analysis was “based on conjectured inferences.” The Bench asserted, “The victim girl must have thought that she would find a ‘monastery’ in the lap of her father but little did she realize that he was a ‘monster’.”
The case began on January 2013, when a 12-year-old girl approached the police, revealing that her father had been sexually abusing her for the past two years. She reported that on January 18, , her father, heavily intoxicated, verbally abused and beat her mother when she returned home from work. The next morning, her brother was also beaten, prompting her to seek help from the authorities.
Charges were filed against the man under Section 6 of POCSO, Section 506 IPC and Section 323 IPC. Initially, the trial court acquitted him, but the High Court found this decision flawed. The High Court noted that the trial court was “wrong in getting swayed away by the delay in reporting of the crime” and gave undue importance to “contradictions, which were superficial in nature.”
After reviewing the case, the High Court concluded, “The testimony of the victim inspires full confidence and there is no reason whatsoever to suspect or distrust her.” The judges emphasized that the consistency in the witnesses’ accounts had a “ring of truth”, further stating, “The wrongdoer was not any outsider or stranger. Victim must have thought that she would find a ‘monastery’ in the lap of her father. Little did she realize that he was rather a ‘monster.’”
The High Court scheduled the next hearing for May 24 to discuss the sentencing.
Case Name: State v. P.D.D
Dairy Number: 459/2020
Bench: Justices Suresh Kumar Kait and Manoj Jain