Delhi HC upholds man's 10-year jail term for raping minor daughter

New Delhi, Aug 27 (PTI) The Delhi High Court has upheld the 10-year imprisonment of a man for repeatedly raping his nine-year-old daughter.

The high court dismissed the man's appeal against the trial court's conviction and sentencing verdict, saying it had thoroughly examined the records and found no reason to differ with the conclusion of the trial court.

Justice Manoj Kumar Ohri said the convict was unable to shake the credibility of any of the witnesses who supported the prosecution case by thorough examination or pointed any fatal gaps in the prosecution case or explained the findings in the medical or FSL reports.

"In view of the version recorded in the initial complaint and statement under Section 164 CrPC being corroborated by the MLC and the FSL report, and the unwavering testimony of prosecution witness 5 (class teacher of victim), the child victim turning hostile has not dented the prosecution case," the high court said in its judgment passed on August 26.

According to the prosecution, a complaint was lodged in September 2017 on behalf of the minor girl alleging her father raped her daily and confided her ordeal in her school teacher.

However, the girl and her mother turned hostile and did not support the prosecution case.

The court said though the oral testimonies of the child survivor and her mother did not support the prosecution's case, medical and forensic evidence pointed to the father's involvement in the offence.

"Thus, the evidence of a hostile witness cannot be written off and the same has to be considered with due care and circumspection. The evidence of 'hostile witness' which finds corroboration from the facts of the case and other reliable evidence can be relied upon," the court said.

The father challenged the trial court's judgment on the ground that the child victim and her mother turned hostile and did not support the prosecution's case and that he was falsely implicated by his daughter on the instigation of her class teacher who bore a grudge against him. PTI SKV SKV AMK AMK